Devan K. Flahive

Biography

Devan advises clients on energy project regulations and development policies at the state and federal level. She provides counsel to clients seeking siting certificates, special permits, and other discretionary approvals, as well as on predevelopment-phase coordination with regulators regarding electric power generation, battery storage, and other major-utility-facility projects. Her practice further encompasses litigating contested applications before zoning boards and the Ohio Power Siting Board (OPSB), administrative appeals, and antitrust matters.

Devan represents oil and gas, renewable power generation, battery energy storage systems, forestry, and agricultural companies before state and federal courts, local zoning boards, the Federal Energy Regulatory Commission (FERC), and the Public Utilities Commission of Ohio (PUCO). She has jury-trial experience and has represented clients in complex antitrust litigation involving allegations of predatory pricing, conspiracy, and other anticompetitive conduct under federal and state laws. During law school, she served as a Janet D. Steiger Fellow with the Antitrust and Public Protection Division of the Vermont Attorney General’s Office.

Court Admissions

Representative Experience

  • Represented clients in contested cases before the PUCO, the OPSB, local zoning boards, and courts with appellate jurisdiction over decisions regarding permits or other special/discretionary approvals
  • Advised renewable energy and battery project developers on interconnection issues and filed protests with the FERC, including challenges to static charging tables and other breaches of interconnection agreements
  • Represented a gas storage company in acquiring subsurface rights through a federal eminent domain proceeding, and in contractual and environmental disputes related to an on-site methane digester and agricultural operations
  • Represented a public utility holding company in casualty and property damage cases related to a gas pipeline explosion, securing the client’s dismissal from all pending actions
  • Represented an energy client as regulatory counsel for acquisition and financing due diligence
  • Served as litigation counsel in proceedings before the FERC, the PUCO, and federal and state courts in Ohio and West Virginia
  • Advised non-utility energy clients (e.g., power producers and marketers, including solar developers and competitive retail electric suppliers/electric supply companies) on contract issues, including analyzing claims, litigation risk, likelihood of positive outcomes, and federal and state regulatory compliance aspects
  • Represented a pipeline company in a lawsuit filed by joint venture partners, alleging breach of the operating agreement, negligence, and breach of fiduciary duties
  • Represented an oil and gas operator in a class action lawsuit concerning liability for capital costs related to well plugging and deductions from royalty payments
  • Served as FERC counsel for gas-fired and solar/wind generating facilities regarding market-based-rate authorizations and 203 approvals related to the acquisition or sale of FERC-jurisdictional facilities

Licensed In

  • Ohio
  • West Virginia

Education

  • J.D. Pennsylvania State University Dickinson Law
  • B.S. Cornell University

Memberships

  • International Sled Dog Racing Association
  • International Federation of Sleddog Sports
  • Licking River Kennel Club

Achievements

  • Attorney Intel, Top 25 Attorney for Ohio (2024)
  • Best Lawyers: Ones to Watch® (2022-2023)
  • Super Lawyers Rising Star®, Energy & Natural Resources, Cleveland, OH (2021-2024)

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