At Hogan & Hartson, we believe that litigation involving federal and state administrative agencies is best pursued through an interdisciplinary approach. Our administrative litigation practice blends the courtroom capabilities of nationally recognized trial and appellate litigators with the subject-matter knowledge of a diverse team of lawyers focused on specific areas of government regulation. At the outset of a client engagement, our strategy is the same: to bring together a group of trial and appellate attorneys, regulatory specialists and, when appropriate, legislative or other lawyers, to create the optimal team to present our client’s case in the most effective, efficient way possible.

Few firms approach our experience in handling complex regulatory litigation. Our regulatory experience is extensive, encompassing federal and state regulatory agencies and a wide spectrum of administrative regulation — from energy to the environment, from food and drug regulation to Medicare reimbursement to agriculture, and from media and communications to education. Our virtually unparalleled scope enables us to handle almost any administrative matter without needlessly spending our clients’ time and money learning substantive practice areas. Bringing the right people to a case also means we can often avoid litigation or expedite the process, achieving the results our clients seek without the expense of full litigation.

Related Experience

• On behalf of the nation's second largest investor-owned utility, we tried a landmark case before the Federal Energy Regulatory Commission (FERC) regarding the exercise of market power by a major natural gas interstate pipeline company. On behalf of all rate payers in the state of California, we were instrumental in negotiating a $1.7 billion settlement — the largest settlement in the history of regulation by the FERC.
• We conducted administrative and judicial litigation on several fronts on behalf of the owners of coal property seeking compensation for the legislative taking of their mine, resulting in a settlement of $200 million from the United States, the largest single award of its kind in U.S. history.
• We won a landmark decision in the U.S. Court of Appeals for the D.C. Circuit establishing the standing of drug manufacturers to challenge Medicare reimbursement decisions relating to their products.
• In ongoing efforts to require the Federal Aviation Administration to limit aircraft noise that interrupts the natural quiet of the Grand Canyon, our award-winning public interest practice scored a decisive victory in the U.S. Court of Appeals for the D.C. Circuit on behalf of the Grand Canyon Trust and other environmental groups.
• When a major manufacturer of packaged food products confronted a complex commerce clause issue, we brought together litigators and food law specialists to litigate the matter against a New York regulatory agency, ultimately securing a successful outcome for our client in federal court.
• On behalf of the American Physical Therapy Association, we secured the first injunction ever issued against a national coverage determination by the federal Medicare agency. The federal district court enjoined Health and Human Services (HHS) from implementing a national coverage determination that would have denied reimbursement under Medicare for electrical stimulation therapy.
• PhRMA, the leading trade association of prescription drug manufacturers, turned to Hogan & Hartson to help it challenge HHS approval of Medicaid programs that adversely affect the industry. Recently, we prevented the state of Vermont from implementing a Medicaid waiver granted in violation of the Medicaid statute.
• We represented a company throughout the administrative and judicial forums in the largest price control enforcement proceeding ever mounted by the Department of Energy.
• We developed and prosecuted a comprehensive strategy for securing concurrent federal and state regulatory approvals of the controversial merger of a Bell operating company and a nationwide interexchange telecommunications carrier.
• When the Minnesota Department of Commerce filed a complaint with the Minnesota Public Utilities Commission against our client, a major telecommunications company, seeking $200 million in fines, we litigated the matter and helped secure a reduced fine of $26 million.