Mark A. Whitt
Mark is a regulatory lawyer and litigator with over 20 years of experience representing natural gas, electric, water, telecommunications, and retail energy suppliers in regulatory commission proceedings and in state and federal trial and appellate courts. He is a recognized Advocate of the National Institute for Trial Advocacy, an Ohio Super Lawyer, and is listed in Best Lawyers in America. Mark was a partner at Jones Day and practice group leader at a litigation boutique before co-founding Whitt Sturtevant in 2012.
Mark’s diverse experience includes federal and state court litigation stemming from the wholesale electric energy crisis of 2000; deregulation of the Ohio and Illinois retail gas and electric markets; alternative regulation of natural gas supply and distribution in Ohio; approval of accelerated infrastructure replacement programs; the implementation of performance-based ratemaking; rulemaking proceedings; regulatory investigations; electric transmission siting; and prosecuting and defending regulatory agency complaints. Mark has litigated numerous utility rate cases in Ohio, Illinois, Missouri, Kentucky, Oklahoma and Arkansas In addition to energy and regulatory law, Mark has represented clients in state and federal courts throughout the country in civil litigation involving contracts, product liability, antitrust and unfair competition, construction defects and delays, commercial law, and state and federal consumer protection statutes. Mark has argued appeals at the Ohio Supreme Court, various intermediate appellate courts in Ohio and Illinois, and the U.S. Court of Appeals. Mark has also advised clients in energy-related transactions, including the formation of the Blue Racer joint venture of Dominion and Caimen Energy, the acquisition of Cleveland Thermal by Corix, Aqua Ohio's acquisition of Ohio-American Water, and regulatory counsel to the Clean Energy Future - Lordstown electric generation project.
Mark is a graduate of the University of Akron (B.S., cum laude, 1993; J.D., cum laude, 1997) and was Editor-in-Chief of the Akron Law Review. He is a veteran of the United States Army (101st Airborne Division, 2nd Infantry Division, 11th Special Forces Group, 1987-1991). During undergraduate and law school, Mark worked for a small general practice law firm, a municipal court judge, and the legal department of an electric utility holding company.
- Over 20 years of experience representing public utilities, retail suppliers, and other stakeholders before state regulatory commissions and courts
- Representative trial and appellate court cases include:
- Ohio Edison Co. v. Direct Energy, 2017 WL 3174347 (N.D. Ohio 2017)
- Application of Duke Energy Ohio, 150 Ohio St. 3d 437 (2017)
- Toliver v. Vectren Energy Delivery of Ohio, 145 Ohio St. 3d 346 (2015)
- Application of E. Ohio Gas Co., 144 Ohio St. 3d 265 (2015)
- In Re Ohio Power Co., 144 Ohio St. 3d 1 (2015)
- Application of E. Ohio Gas Co., 141 Ohio St. 3d 336 (2014)
- Ohio Partners for Affordable Energy v. Public Util. Comm'n, 115 Ohio St. 3d 2008 (2007)
- State ex rel. Illuminating Co. v. Court of Common Pleas, 97 Ohio St. 3d 69 (2002)
- State ex rel. Illuminating Co. v. Court of Common Pleas, 88 Ohio St. 3d 447 (2000)
- Adams County Property Owners v. Ill. Comm. Comm’n, 36 N.E.2d 1019 (Ill. Ct. App. 2015)
- Commonwealth Edison Co. v. Ill. Comm. Comm'n, 8 N.E.3d 513 (Ill. Ct. App. 2014)
- Saks v. E. Ohio Gas Co., 971 N.E.2d 498 (Ohio Ct. App.2012)
- Ameren Ill. Co. v. Ill. Commerce Comm'n, 967 N.E.2d 298 (Ill. Ct. App. 2012)
- U.S. v. Dillard, 78 Fed. Appx. 505 (6th Cir. 2003), cert. denied, 124 S. Ct. 1892 (2004)
- United States v. Kaminski, 501 F.3d 655 (6th Cir. 2007)
- Vitolo v. Mentor H/S, Inc., 426 F.Supp. 2d 28 (E.D.N.Y. 2006)
- Hinson v. Mentor Corp., 207 F.Supp. 2d 531 (M. D. La. 2002)
- Belden, Inc. v. American Electronic Components, 885 N.E.2d 751 (Ind. App. 2008)
- Wade v. White, 2005 WL 78759 (6th Cir. 2005)
- McGee v. East Ohio Gas Co., 2002 WL 484480 (S.D. Ohio 2002)
- Gray v. Experian Information Solutions, Inc., 2001 U.S. Dist. LEXIS 5446 (D. Ariz. 2001)
- Ippolito v. FirstEnergy Corp., 2004 WL 2495665 (Ohio Ct. App. 2004)
- Atlantic Richfield Co. v. Alcan Aluminum Holdings, 12 F. Supp. 2d 460 (S.D.N.Y. 1998).
- Recognized by Best Lawyers in America in the fields of Energy Law and Energy Regulatory Law
- Recognized by Ohio Super Lawyers in the field of Public Utility Law
- Listed in Who’s Who in Energy, Crain’s Business Journal
- Designated Advocate of the National Institute for Trial Advocacy
- University of Akron, J.D., cum laude (1997)
- University of Akron, B.S, cum laude (1993)
- United States Supreme Court
- U.S. Court of Appeals, 6th Circuit
- U.S. Court of Appeals, 2nd Circuit
- U.S. District Court, ND Ohio
- U.S. District Court, SD Ohio
- U.S. District Court, ED Michigan
Albert D. Sturtevant
Bert is a founding Partner of Whitt Sturtevant LLP. His practice focuses on energy law and public utility regulation: Bert represents natural gas, electric, and water utility clients in state regulatory, appellate and related proceedings, and provides counseling on a wide range of energy and utility-related matters.
Bert has significant experience in water and energy rate proceedings, including over 25 Illinois electric, gas and water ratemaking proceedings and related appeals since 2006.
Bert has also represented electric, gas and water utilities in transmission line and facility siting approval proceedings; related condemnation authority proceedings; merger, reorganization and acquisition approvals; complaint cases and regulatory audits and investigations; legislative initiatives; tax matters; and implementation of alternative rate mechanisms. He also has experience in related appellate court proceedings, including judicial review of regulatory agency decisions.
Prior to joining the Firm, Bert was an attorney in Jones Day’s energy regulatory practice for eight years and then a partner in the regulatory practice at a litigation boutique. Before law school, Bert spent several years in the environmental services field in China, including work as a consultant for the British firm of Atkins China in Hong Kong. He is a graduate of Stanford University (B.A., 1994), New York University (J.D., 2002) and is admitted to practice in Illinois and the U.S. District Court, N.D. Illinois.
- Over 17 years of experience representing public utilities before state regulatory commissions and courts.
- Represented utilities in numerous water and energy rate proceedings, includingfifteen electric, gas and water general rate cases since 2006, over a dozen ratemaking and related proceedings under Illinois' 2012 electric formula rate law, and related appeals.
- Implemented alternative rate regulation mechanisms, including performance-based rates, decoupling, and infrastructure and other cost recovery riders.
- Secured approval to construct and operate over 550 miles of high voltage electric transmission lines in Illinois, including the $1.2 billion Illinois Rivers transmission project.
- Represented electric, gas and water utilities in facility siting approval proceedings, subsequent appeals, and related condemnation authority proceedings.
- Represented water utilities in the implementation of fair market value legislation for system acquisitions.
- Represented Illinois utilities in Commission ordered audits and investigations of utility service and affiliate relationships.
- Provided counseling to electric, gas and water utilities on topics ranging from regulatory compliance to industry trends to the development of new legislation.
- New York University, J.D. (2002)
- Stanford University, B.A. (1994)
- U.S District Court, N.D. Illinois
Christopher T. Kennedy
Mr. Kennedy’s regulatory practice focuses on advising and defending electric, gas and water utilities on applications, petitions and other filings before state public utility agencies. In that role, Mr. Kennedy appears before the Ohio Public Utilities Commission (PUCO) and the Illinois Commerce Commission (ICC) in administrative proceedings to set rates and approve tariffs. That experience includes the preparation and litigation, from start to finish, of more than a dozen different rate cases in the past eight years on behalf of regulated utilities. That experience includes both traditional historical and future test year cases (gas) and performance-based formula rate cases (electric). Mr. Kennedy also has handled gas and electric rate design proceedings, the approval of electric smart grid applications and other petitions for administrative action on behalf of public utilities in Ohio and Illinois. Prior to joining Whitt Sturtevant LLP at its inception, Mr. Kennedy worked for the litigation boutique, Carpenter Lipps & Leland LLP, also principally as an energy litigator, working on behalf of regulated utilities.
Mr. Kennedy began his legal career in the Columbus, Ohio office of Jones Day, defending corporate clients in local, statewide and federal matters. Mr. Kennedy went on to work in Washington, D.C., as regulatory and trial counsel, both with Jones Day and with Hollingsworth LLP. While in Washington, Mr. Kennedy advocated for his clients in an array of complex commercial cases and government proceedings, including antitrust and securities investigations, toxic tort, environmental, and pharmaceutical litigation, oil and gas lawsuits, contract disputes, property damage and personal injury cases, and claims against federal agencies. Mr. Kennedy also worked as a litigation associate with the law firm of Hinman Straub P.C., in Albany, New York, representing health care providers, insurers and managed care companies in New York state and federal courts, as well as bringing legal challenges to the administrative acts of New York State agencies. During his time at Hinman Straub, Mr. Kennedy gained admission to practice law in New York, where he currently maintains an active status.
Mr. Kennedy received his Juris Doctor degree from Duke University School of Law where he was Managing Editor of Law and Contemporary Problems, the oldest legal journal published at Duke University. He is a graduate of both the Trial Academy of the National Institute for Trial Advocacy and the Utility Rate School of the National Association of Regulatory Utility Commissioners.
- Approval of electric and gas Advanced Metering Infrastructure (AMI) investment programs.
- Approval of performance-based electric formula rates in Illinois.
- Approval of performance-based metrics in Illinois.
- Supervision of annual electric rate cases in Illinois to update electric formula rates.
- Supervision of future test year rate cases for electric and gas delivery rates.
- Supervision of historical test year rate cases for electric and gas delivery rates.
- Supervision of electric and gas rate design proceedings.
- Handling of regulatory and internal investigations in the areas of public utility, antitrust, securities, health and insurance law.
- Handling of environmental remediation litigation.
- Managing Editor of Law and Contemporary Problems
The Ohio State University (M.A., 1999)
College of the Holy Cross (B.A., magna cum laude, Phi Beta Kappa, 1997)
- District of Columbia
- New York
Anne M. Zehr
Anne has been representing investor-owned gas, electric, and water/sewer utilities before the Illinois Commerce Commission and Appellate Courts for over a decade now, securing for her clients in that time regulatory and judicial approvals in, to date, 20 rate cases and numerous infrastructure construction, rider, financing, management audit, regulation variance, eminent domain, and rulemaking proceedings, among others. Before joining Whitt Sturtevant at the firm's 2012 inception, Anne litigated consumer finance and product liability claims in federal and state courts across the U.S. on behalf of Fortune 500 companies with the Columbus and Chicago offices of a first-tier litigation boutique.
Throughout her career, Anne has passionately promoted women’s initiatives - in the energy and legal professions and beyond. She currently serves on the Planning Committee for Habitat for Humanity Chicago’s annual Women Build, which raises awareness, funds, and walls to break down barriers to women homeownership. She also serves on the Planning Committee for the annual Chicago Women’s Energy Summit, and has participated in the annual summit, as a Rising Star Forum panel moderator. From 2015 to 2020, Anne sat on the Chicago Women’s Energy Network’s Board of Directors, where she served as Director of Community Initiatives, encouraging women energy industry professionals to energize their community through volunteerism. Anne also volunteers alongside other attorney moms in Chicago Public Schools classrooms with Lawyers in the Classroom, helping elementary students better understand the U.S. Constitution, our legal system, and law-related careers.
Anne is licensed to practice law in Illinois and Ohio. She earned her Juris Doctorate from The Ohio State University and a Bachelor of Arts in Political Science and Psychology from Miami University (Oxford). She is a former Chair of the Chicago Bar Association’s Energy, Telecommunications and Water Committee and a graduate of both the National Association of Regulatory Utility Commissioners' Utility Rate School and the National Institute for Trial Advocacy's Trial Skills Chicago Program.
Anne is unduly competitive at ping pong and pub games.
- Over ten years’ experience representing investor-owned public utilities in myriad proceedings before state regulatory commissions and courts, including in over twenty rate cases.
- Presented oral argument before the Illinois Commerce Commission on utility return on equity, capital structure, and executive compensation matters.
- Represented Illinois' three largest investor owned public utilities in the Illinois Commerce Commission's emergency disconnection moratoria proceeding initiated as a result of the 2020 COVID-19 pandemic, working with regulator, consumer advocate, and utility stakeholders to navigate the customer service and regulatory challenges brough about by the pandemic.
- Represented Illinois-American Water Company and Aqua Illinois, Inc., jointly, in Illinois rulemaking regarding the regulatory accounting alternatives for cloud-based computing solutions.
- Assisted Illinois-American Water Company and Aqua Illinois, Inc. in securing regulatory approvals related to water and sewer systems acquisitions under Illinois’ fair market value legislation.
- Litigated approval, for utility clients, of numerous alternative rate regulation mechanisms, including performance-based electric formula rates, decoupling riders, and aging infrastructure investment cost recovery riders.
- Secured regulatory authorization for Ameren Illinois Company and Ameren Transmission Company of Illinois to construct and operate over 550 miles of high voltage electric transmission lines in Illinois, including the $1.2 billion ATXI Illinois Rivers transmission project.
- Represented Ameren Illinois in approval, implementation, annual rate filing updates, and related appeals of 2012-2018 performance-based electric formula rate.
- Represented electric, gas, and water utilities in other facility infrastructure siting approvals and related condemnation proceedings.
- Represented electric, gas, and water utilities in Commission-ordered management audits and affiliate approvals.
- Public Utility Regulatory Update, National Association of Water Companies - Annual Illinois Chapter Conference (June 12, 2019)
- Panelist, Infrastructure Upgrades, Consumer Benefits and Capacity Payments: Amended Illinois Water Systems Viability Act, Institute for Regulatory Policy Studies annual conference (October 2018)
- Panelist, Regulatory Ratemaking, Chicago Women’s Energy Network professional development evening (October 2018)
- Moderator, Got Leadership? Leading, Learning and Utilizing Your Network, Chicago Women’s Energy Summit Rising Star Forum (September 2017)
- Panelist, emPowering Girls,Girl Scouts of Greater Chicago/Women’s Energy Summit badge event (February 2017)
- The Moritz College of Law at The Ohio State University, J.D. (2005)
- National Moot Court Team
- Articles Editor, Ohio State Law Journal
- Miami University, B.A., cum laude (2002)
- University Honors Program
- Honors Thesis, Psychology
Mark W. DeMonte
Mark DeMonte has over 15 years of experience resolving complex and difficult disputes for large energy and water utilities, as well as general counsel representation for privately-held companies and entrepreneurs in a variety of sectors. Mark has a history of successfully assisting clients to achieve results both outside and inside the courtroom through creative and cost-effective problem-solving. He has experience in a variety of practice areas and forums, from prelitigation settlement, litigation in state and federal courts, regulatory proceedings before state administrative agencies, as well as through arbitration and mediation. He focuses on the early assessment of potential claims, defenses, and settlement, while efficiently handling discovery (including managing the costs of e-discovery), pretrial motion practice, trial, post-trial, and appeals, when necessary.
Mark provides counseling on assessing and addressing legal risk without disrupting the business goals and provides general counsel representation to a variety of privately-held companies. Mark also provides counsel on Illinois legislative matters involving the future of energy and water regulation, renewable energy, and energy efficiency. Mark also regularly appears before the Illinois Commerce Commission in a wide range of regulatory proceedings involving energy efficiency and demand response, smart grid, energy and capacity procurement, formula rate-making, traditional rate cases, rulemaking proceedings, Commission investigations, and cost recovery proceedings that have resulted in over of nearly a billion dollars for clients.
In his litigation practice, Mark has represented plaintiffs and defendants in litigation matters involving partnership disputes, negligence, class actions, claims for breach of contract, insurance issues, tortious interference, trade secret misappropriation, fraud, administrative claims, state and federal False Claims Acts, and claims founded upon the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution. He also has led or been part of teams that handled internal investigations conducted for clients to assess compliance with various state and federal laws and represents clients under investigation by state and federal agencies and the Illinois Attorney General’s Office.
Mark is a member of the trial bar of the United States District Court for the Northern District of Illinois and dedicates a significant portion of his practice to pro bono and public service initiatives that focus on making the Chicagoland area an even greater place to live and work.
Prior to joining Whitt Sturtevant, Mark was a partner at the law firm of Jones Day in the Business & Tort Litigation Practice Group, where he served as a New Lawyer Coordinator and assisted with managing the Chicago office’s Pro Bono and Public Service initiatives.
- Public Utility Regulatory Update, National Association of Water Companies - Annual Illinois Chapter Conference (June 12, 2019)
- The Ohio State University, J.D. (2004)
- Illinois Wesleyan University, B.A. (2000)
- Illinois; U.S. District Court for the Northern District of Illinois (Trial Bar)
- Northern District of Indiana; U.S. Court of Appeals for the Seventh Circuit
Maris has served as counsel in natural gas, water and electric regulatory proceedings, including natural gas, water and electric utility rate litigation, proceedings related to Advanced Metering Infrastructure (AMI) and Smart Grid deployment and applications, cost and revenue reconciliations, system acquisitions, Certificate of Public Convenience and Necessity applications and expansions, utility tariffs, rulemakings, energy efficiency programs and whistleblower litigation. She has also counseled clients in complex litigation matters, including commodities trading and regulation, complex contract disputes, fraud, and antitrust law.
Prior to joining the firm, Maris was Counsel at Rooney Rippie & Ratnaswamy LLP, where she focused her practice on utility regulatory proceedings. Maris also previously served as a litigation associate in the Chicago office of a prominent international law firm, where she focused her practice on complex commercial litigation, including issues related to pipeline safety and natural gas defense.
Maris is an active member of several bar associations, including the Chicago Bar Association’s Energy and Communications Law Committee, the Washington State Bar Association (WSBA), and the American Bar Association’s (ABA) Section of Environment, Energy and Resources. Maris is also active in leadership roles in the ABA and WSBA. She currently serves on the WSBA’s Editorial Advisory Committee, which assists the editor and WSBA staff overseeing publication of WSBA’s official magazine, NWLawyer. Maris is also currently serving as a member of the Bench Bar Press Committee of Washington (BBP), which is chaired by the Chief Justice of the Washington State Supreme Court and includes representatives from the legal profession, judiciary, law enforcement, and news media. The mission of the BBP is to seek to accommodate, as much as possible, the tensions between the constitutional values of "free press" and "fair trial" through educational events and relationship building. Recently, Maris served as the Chair of the 2018 Law Day Team for the ABA’s Young Lawyers Division, and Vice-Chair of the Articles Subcommittee for the Water Quality and Wetlands Committee of the ABA’s Section of Environment, Energy and Resources.
Maris is licensed to practice law in Illinois and Washington. She earned her Juris Doctorate from the University of Chicago Law School (2010), and a Bachelor of the Arts from Emory University (2007). She is also a graduate of the American Gas Association’s Rate School.
- Represented electric, natural gas and water utilities in obtaining multi-million dollar rate increases.
- Represented electric utility in rate design investigation related to proposed revenue-neutral tariff changes.
- Represented natural gas and water utilities in rate design proposals, including development of new tariff language and supporting estimated cost of service studies.
- Successfully represented electric utility in regulatory development and annual AMI related filings, including proceeding to implement peak time rebate program.
- Represented natural gas utility in regulatory investigation of the implementation and operation of a performance-based regulatory program involving natural gas costs, which resulted in an agency decision rejecting intervenor claims seeking more than $200 million in refunds.
- Represented utility on appeal where the Illinois Appellate Court affirmed the agency decision (CUB v. ICC, 2015 IL App (2d) 130817, May 14, 2015).
- Successfully represented a water utility in multiple acquisitions of water distribution and wastewater collection systems.
- Obtained regulatory approval of Certificates of Public Convenience and Necessity for water utility.
- Obtained regulatory approval of energy efficiency plans for natural gas utility.
- Obtained regulatory approval of contested energy efficiency costs under energy efficiency formula rate for electric utility.
- Obtained regulatory approval of the reconciliation of revenues under various rider mechanisms, including energy efficiency, uncollectible expense recovery, qualified infrastructure plant surcharge and environmental cost recovery.
- Obtained regulatory approval on behalf of water utility of issuance of multi-million dollar long-term debt to finance the acquisition of water and wastewater systems.
- Advised medical cannabis cultivation business applicant regarding the Illinois Medical Cannabis Pilot Program and the permit application process for the Illinois Department of Agriculture.
- Defended a gas utility in litigation involving a major explosion at a shopping mall in which more than 30 claimants filed suit for property damage and personal injuries. The claims were consolidated and handled as mass tort litigation.
- Secured dismissal of complaint brought against a natural gas utility under the Federal and Illinois False Claims Acts.
- “State Immunity and Natural Disasters: A Sliding Scale of Landslide Liability,” Natural Resources & Environment, ABA Section of Environment, Energy and Resources, Volume 33, Number 3, Winter 2019.
- "Natural Gas’ Staying Power: From Generation to Electrification," American Gas Association Legal Forum, July 2018.
- “The Aftermath of Flint: Lead Testing in Chicago's Day Cares and Schools,” Natural Resources & Environment, ABA Section of Environment, Energy and Resources, Volume 32, Number 3, Winter 2018.
- “Impact of New Walking-Working Surfaces Rules,” Modern Casting: A Publication of the American Foundry Society, February 2017.
- “Water Utility Acquisition – An Illinois Model for Incentivizing Acquisitions,” The Current, Women's Council on Energy and the Environment, January 2016.
- Co-author of the MEA Regulatory Report, a quarterly column addressing regulatory updates for the Midwest Energy Association, 2013-2018.
- Panelist, “Green Tech and Energy: New Frontier,” Environmental Law Society, Northwestern Law School, April 5, 2016.
- University of Chicago Law School, JD, 2010
- Emory University, BA English Literature and Political Science, 2007
Christopher W. Flynn
Chris has represented electric, gas, water, sewer and telecommunications firms throughout his 30 year career, appearing before both state and federal agencies. Prior to joining the Firm, Chris was a partner at Jones Day, where he was regularly rated among the top energy lawyers in the country. He was excited by the opportunity to move to the Firm, where he represents utility clients in a focused environment, in which all the lawyers share a common interest and expertise in utility regulation.
Chris has been involved in a wide range of regulatory proceedings, including rate cases, reorganizations and mergers, transmission and other facility siting proceedings, regulatory investigations and audits, and rulemaking proceedings. He also has substantial experience in legislative matters and mergers and acquisitions. He has advised foreign investors on investing in U.S. utility assets and has spoken at various industry meetings in the U.S., Spain and Mexico.
- More than 15 state electric and gas rate proceedings for subsidiaries of Ameren Corporation
- Over a dozen state water and/or sewer rate proceedings for affiliates of American Water Works and Aqua Illinois
- CenterPoint Energy LDCs state rate proceedings
- Numerous annual reconciliation proceedings (FAC, PGA, and other riders)
Other Significant Regulatory Proceedings
- Ameren participates in Illinois Commerce Commission electric power procurement plan proceeding
- Numerous electric transmission and water and sewer utility certificate and siting cases
- Ameren acquires CILCORP for $1.35 billion
- Ameren receives antitrust and regulatory approvals for Illinois Power acquisition
- Ameren undergoes internal reorganization
- Central Illinois Public Service Company obtains federal and Illinois regulatory approvals to form holding company
- CIPSCO merges with Union Electric, creating Ameren Corporation
- Unicom merges with PECO, creating Exelon Corporation
- Exelon transfers electric generating units to an unregulated subsidiary
- Ameren subsidiaries transfer electric generating and transmission assets to affiliates
- $1 billion funding agreement between three Ameren Illinois utilities, Exelon, Midwest Generation and Dynegy which forms part of a rate relief package negotiated with the Illinois state legislature for consumers
- Electric formula rate legislation
- Boston University, J.D. (1984)
- Kalamazoo College, B.A. (1981)
- U.S District Court, N.D. Illinois
Shannon K. Rust
Shannon earned her undergraduate degree in business and economics from Lehigh University. She is a 1998 graduate of the University of Southern California law school, where she served as Notes Editor of the Southern California Law Review and earned Order of the Coif honors. Shannon was Series 7 and Series 63 registered during her prior career in the finance industry with Merrill Lynch.
Shannon is a graduate of the National Association of Regulatory Utility Commissioners’ Utility Rate School.
- University of Southern California School of Law, J.D. (1998)
- Lehigh University, B.S. (1990)
Scott B. Elmer
Scott Elmer has represented and counseled clients in complex commercial disputes involving a broad range of issues including regulatory compliance, breach of contract, fraud, false claims, false advertising, indemnity, products liability, intellectual property, theft of trade secrets, and civil rights. Scott also has significant experience in government and internal investigations involving regulatory compliance, government contracting, federal grant compliance, and the Foreign Corrupt Practices Act.
He has hands-on leadership experience with all phases of litigation, including briefing and motions practice; discovery, including written discovery, complex e-discovery, depositions, and experts; trial preparation and trial, including witness preparation, witness examination, and mock jury exercises; and appeal.
Scott leverages this deep, wide-ranging experience to help clients achieve favorable results in litigation, arbitration, and pre-litigation disputes through cost-effective, innovative problem solving.
Scott also has an active pro bono practice and has represented clients in civil rights cases and immigration proceedings.
Scott spent the first six years of his legal career in the Chicago office of Jones Day, where he practiced in the Business and Tort Litigation Group. After Jones Day, he practiced for two years in the litigation department of Steptoe & Johnson LLP before joining Whitt Sturtevant in 2021.
- University of Illinois College of Law, J.D., magna cum laude, (2013)
- Managing Articles Editor, Illinois Law Review
- Brigham Young University, B.A. Spanish Translation, (2009)
- Illinois; U.S. District Court for the Northern District of Illinois
- Judicial extern to the Honorable Harold A. Baker, U.S. District Court, Central District of Illinois (2011)
Bettina S. Cousar
Bettina Stanford Cousar is an experienced energy lawyer and has litigated a variety of matters including utility rate cases, cost and revenue reconciliations, reorganizations, Certificate of Public Convenience and Necessity applications, utility tariffs, rulemakings, and energy efficiency programs. Bettina has also represented Alternative Retail Electric Suppliers in enforcement actions, consumer complaints, and regulatory compliance matters. Prior to joining the firm, Bettina worked at a large firm where she represented clients before the Illinois Commerce Commission and defended clients in actions brought by other government agencies including state attorneys general, state and municipal regulators, state banking examiners, the Consumer Financial Protection Bureau (CFPB), and the U.S. Department of Justice.
Bettina spent four years with the Illinois Commerce Commission where she represented Commission Staff on a wide range of legal issues, including evaluating utilities’ and ARES’ compliance with the Illinois Public Utilities Act and the Illinois Administrative Code. Prior to joining the Commission’s Office of General Counsel, Bettina served as a legal and policy advisor to a commissioner and advised on various regulatory and policy issues.
Bettina also worked for the Office of the Illinois Attorney General as an Assistant Attorney General where she participated in fraud investigations and litigation, and multimillion-dollar multi-state litigation and arbitrations.
Bettina is licensed to practice law in Illinois. She earned her Juris Doctorate from The University of Illinois Chicago School of Law, and a Bachelor of Arts from DePaul University. Bettina is a member of the Chicago Bar Association and the Women’s Energy Network.
- University of Illinois Chicago School of Law, J.D. (2012)
- DePaul University, B.A., (2004)
Carrera’s background experience consists of working in the legal department for a public utility and most recently, Carrera was a Legal and Policy Advisor to Commissioner Kimbrel at the Illinois Commerce Commission. During her time at the Commission, Carrera advised her Commissioner on matters such as rate and tariff approval, eminent domain, electric transmission siting, system acquisitions, and Certificate of Public Convenience and Necessity applications among other proceedings before the Illinois Commerce Commission. She was also appointed as a member of the NARUC Staff Subcommittees on Critical Infrastructure, Energy Resources and the Environment, and Water. She has completed Michigan State University’s Institute of Public Utilities (IPU) Ratemaking Course and Co-authored Sampling of Methane Emissions Detection Technologies and Practices for Natural Gas Distribution Infrastructure in 2019; a handbook published by NARUC-DOE Natural Gas Infrastructure Modernization Partnership.
Carrera is licensed to practice law in Illinois. She earned her Juris Doctorate from Loyola University Chicago School of Law and a Bachelor of Arts from University of Tennessee Knoxville. She is a member of the Black Women Lawyer’s Association where she previously held a Board of Directors position. She currently sits on their Scholarship Fund Board and is Chair of their Membership Services Committee.
- Legal and Policy Advisor to Commissioner Kimbrel at the Illinois Commerce Commission.
- Co-author of Sampling of Methane Emissions Detection Technologies and Practices for Natural Gas Distribution Infrastructure, 2019. A handbook published by NARUC-DOE Natural Gas Infrastructure Modernization Partnership.
- Completed Michigan State University’s Institute of Public Utilities (IPU) Ratemaking Course, 2018.
- Loyola University Chicago School of Law, JD, 2017
- Moot Court– Best Petitioner Brief, 3rd place regionals, top 5 nationals
- University of Tennessee Knoxville, BA Political Science, 2012
- Black Women Lawyer’s Association Scholarship Fund Board Member and past 2018-2019 Board of Directors Member
- Diverse Attorney Pipeline Program (DAPP) Associate Board Member
Lucas A. Fykes
Lucas started his career in the energy industry as the Director of Operations for an Ohio-based energy consulting and brokerage firm specializing in electric and natural gas procurement for commercial, governmental, and residential clients. Lucas’s business experience enables him to develop practical solutions to complex legal and regulatory issues encountered by Firm clients.
Lucas earned his law degree from Brandeis School of Law in Louisville, Kentucky in 2016. He served as Articles Editor for the Journal of Animal and Environmental Law, competed in the National Environmental Moot Court Competition, and was chosen as the Donan Energy Fellow, where he assisted the Kentucky Energy and Environmental Cabinet in implementing state and federal energy policy. Lucas also served as a judicial extern to two trial judges in Kentucky’s 48th Judicial Circuit.
Following law school, Lucas went on to earn a Master of Laws in Energy Law from Vermont Law School. His post-graduate academic work focused on the legal, economic, and technical aspects of state and federal energy law and policy. In addition to hosting and leading a panel discussion of solar contracts for the Vermont Bar Association in 2016, Lucas also guided non-profits in implementing community solar programs.
Lucas joined Whitt Sturtevant in 2019 to further realize his passion for energy law and policy.
- Vermont Law School, LL.M (2017)
- Obtained specialized legal, economic, and technical instruction in state and federal energy and environmental regulations, laws, and policy, with a focus on utility rate regulation, renewable energy development, grid reliability, and energy policy analysis
- University of Louisville Brandeis School of Law, J.D. (2016)
- Junior Articles Editor and Assistant Articles Editor: Journal of Animal and Environmental Law
- Junior Articles Editor and Assistant Articles Editor: Journal of Animal and Environmental Law
- Fellow: Donan Energy Law Fellowship
- Presenting Team Member: Pace National Environmental Law Moot Court Competition
- Treasurer: Environmental Law and Land Use Society
- Western Kentucky University, B.A. Economics (2012)