Spencer Fane LLP Logo

Energy Retail and Marketing

Spencer Fane attorneys represent energy companies in the retail and marketing sectors by helping businesses achieve their objectives involved in processing, refining, delivering, and marketing oil and gas to end users.

With experience as former in-house counsel at energy companies combined with nearly forty years of experience as outside counsel, our attorneys understand clients’ biggest challenges and possess the capability to handle both commercial issues as well as dispute resolution. Commercial matters include contract formation and negotiations, real estate matters, franchise agreements, and other transactions for refineries, terminals and product storage operations, convenience stores and chains, service stations, and other retail outlets, reward programs and payment systems. Our team’s experience working in this industry gives us the insights to apply agency regulations, guidance, and practices to benefit our clients and help them find innovative solutions to complex challenges. Our deep understanding of the nuances influencing the energy market allows us to protect clients’ interests in every facet of their retail business when advocating for them.

We also take advantage of the firm’s cross-discipline experience to serve energy industry clients in challenging situations. We help clients deal with issues involving regulations, contamination or environmental concerns, workplace safety, obtaining permits, zoning, air emissions, and the gamut of other business-related matters. Our environmental attorneys regularly help clients with a wide range of requirements as they apply to refineries, including RCRA and waste management, and air permitting.

Representative Experience

  • Assisted 5 refiners including 3 majors in the drafting of their standard franchise agreements for dealers, jobbers and commission marketers.
  • Defended a major refiner in a pricing claim brought by approximately 500 dealer on the west coast. After a two month trial, we obtained a defense verdict from the jury that was affirmed on appeal.
  • Defended a major refiner in a PMPA termination action in Southern California dealing with over 100 dealer sites. The dealers preliminary injunction request was denied following an evidentiary hearing and the case ultimately turned into a collection action by the refiner against the dealers.
  • Defended several major refiners in nearly 50 PMPA cases filed from coast to coast.
  • Represented large portfolio of national convenience store chain with retail gasoline operations, including handling all real estate matters and affiliated transactional, environmental and corporate aspects within the portfolio.
  • Defended state Underground Storage Tank (UST) Trust Fund in toxic tort and property damage class action.
  • Represented multi-national energy company in UST leak case from retail station and allegations from adjacent commercial landowner claiming diminution in value.
  • Handled defense of claims against refinery owner by large class of landowners alleging property damage and nuisance.
  • Represented downstream terminal owner and operator in successful business combination and acquisition of assets.