M. Gavin McCarty

Gavin has a multi-faceted legal practice focusing on highly regulated industries, such as energy, utilities, and communications. His past experience includes senior roles as general counsel and deputy general counsel of Fortune 500, S&P 500 component, and private companies.

Gavin works closely with his clients to strategize and provide practical legal advice to strengthen the overall governance, compliance, and risk practices of organizations. He provides strategic thought leadership with a practical and solutions-focused mindset. Gavin has received the Leadership Professional in Ethics & Compliance Certification (LPEC) and has three decades of progressive experience.

Prior to joining Taft, Gavin was the director of legal services at WEC Energy Group. He previously practiced at Taft Chicago’s predecessor firm Shefsky & Froelich.

Representative Regulatory Experience

• Represented natural gas public utilities in general and special purpose rate cases, reconciliation, and general regulatory proceedings before the Illinois Commerce Commission.
• Managed, supervised, and supported multiple electric and gas public utilities in general and special purpose rate cases, CPCN, and general regulatory proceedings in Minnesota, Wisconsin, Illinois, and Michigan.
• Advised business leaders and managed state and federal regulatory approval processes for the merger, purchase, and sale of public utility holding companies and assets.
• Counseling energy clients on legislative and policymaking issues, including drafting, commenting, and researching legislation and administrative rulemaking matters.
• Advised owners of hydroelectric facilities and systems on a variety of state and federal regulatory matters, including FERC and environmental issues.

Representative Litigation and Appellate Experience

• Represented electric public utility in a non-time critical removal action at a 46-acre commercial site in downtown Milwaukee, WI, with legacy 19^th and 20^th century industrial activities, including negotiation of related administrative agreements under Section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
• Represented public utility in CERCLA contribution claims against generators and legacy property owners resulting in favorable multi-million-dollar settlements.
• Represented employer in successful mediation of wage and hour class action of 900+ current and former bargaining unit employees with regards to federal and state compensation claims for pre-shift and wash-up time at a power plant.
• Represented natural gas public utility in state action filed by the Illinois Attorney General, Environmental Division, and related civil actions filed by private parties, with regards to unintentional release from an underground natural gas storage facility that impacted freshwater aquifer serving over 800,000 residents, including the negotiation of several Interim Orders and Final Settlement Order with administrative environmental remediation consent decree.
• Represented natural gas utility before the Illinois Supreme Court affirming an Illinois Commerce Commission order allowing a four-year pilot program to become permanent for a volume balancing adjustment rider imposing revenue decoupling on natural gas utility customers.
• Represented through successful mediation and settlement agreement a natural gas public utility in a claim made by a local government entity for damages related to the alleged hazardous release of contaminants onto the plaintiff’s property.
• Represented natural gas utility in breach of contract claim made by a local government entity arising from the expiration of a 99-year lease and extent of environmental remediation with the negotiation of a new 50-year lease for natural gas pipeline.
• Represented a public utility in a Qui Tam claim with regards to allegations of misleading state regulators during rate case proceedings from successful motions to dismiss through Illinois Supreme Court order affirming circuit court dismissal of the matter with prejudice.

Representative Commercial Transactions and Supply Chain Experience

• Advised and negotiated a variety of energy and renewable energy infrastructure projects, including EPC contracts, permitting, PPAs, and O&M agreements.

Representative Ethics and Compliance Experience

• Represented energy clients in a variety of internal investigations with regard to compliance with company policies and code of business conduct.
• Advised energy clients in a variety of investigations and enforcement actions by state and federal agencies.
• Advised on new and enhanced corporate ethics policies for interactions with public officials, anti-bribery and corruption, corporate procurement, employee selection, and enhancements to the code of business conduct.
• Advised on the development and enhancement of corporate compliance programs.