Susman Godfrey secured a significant victory before the U.S. Court of Appeals for the Tenth Circuit on behalf of a joint defense group of wholesale natural gas suppliers in consolidated litigation arising from Winter Storm Uri.
In a published opinion issued on July 6, 2026, the Tenth Circuit unanimously affirmed the dismissal of multiple putative class actions brought under the Kansas Consumer Protection Act, holding that the claims are preempted by the federal Natural Gas Act because they directly challenge interstate wholesale natural gas transactions, an area committed to the exclusive jurisdiction of the Federal Energy Regulatory Commission.
New York partner Beatrice Franklin presented the oral argument before the Tenth Circuit on behalf of the joint defense group, coordinating the appellate defense for numerous energy companies represented by counsel from leading law firms across the country. The decision preserves the district court’s dismissal of all claims against the wholesale suppliers and reinforces the exclusive federal regulatory framework governing interstate wholesale natural gas markets. Listen to Franklin’s argument here.
Franklin was joined on the matter by partner and co-lead counsel, William Merrill, as well as associates Alex Foulkes Grafton and Meg Griffith. The case is In re: Winter Storm Uri Natural Gas Litigation, case no 25-3046 in the United States Court Of Appeals For The Tenth Circuit.
