Peter D. Keisler
- Energy
- Supreme Court, Appellate, and Litigation Strategies
- Telecom and Internet Competition
Including him in its top tier of the nation’s appellate lawyers, Chambers USA has recognized Peter for Appellate Law – USA – Nationwide (Band 1; 2011–2023), and as a “Senior Statesperson” for his work in Telecom, Broadcast & Satellite in the District of Columbia (2018–2024). In the 2023 edition, appellate law clients remarked that Peter is “not only a class act, but also a truly, tremendously effective advocate both in his briefs and at the podium” and that he “makes very insightful comments and has a great overall style and manner.”
“He has the ability to cut through extraordinarily complex cases and make them understandable to judges.”
Chambers USA 2023
Peter has argued a wide range of federal constitutional, statutory and administrative law cases. His practice representing clients before the U.S. Supreme Court, federal courts of appeals and federal district courts has included the leading role in the nation’s most important and successful commercial and regulatory cases of the past several years, including United States of America v. AT&T & Time Warner, UARG v. EPA, and AEP v. Connecticut. United States of America v. AT&T & Time Warner was one of the most prominent antitrust cases in recent memory. Peter successfully represented AT&T in the Justice Department’s appeal of the District Court decision rejecting the government’s attempt to enjoin AT&T’s acquisition of Time Warner. This was the first time in more than four decades that the government litigated to judgment a challenge to a vertical merger.
Peter’s arguments before the U.S. Supreme Court include:
- Utility Air Regulatory Group v. Environmental Protection Agency (UARG v. EPA). Peter successfully argued that the EPA has no authority to impose permitting obligations on a source based solely on its emissions of greenhouse gases.
- American Electric Power Co. v. Connecticut. Peter successfully represented four utility companies in this case, in which the Court unanimously reversed the court of appeals and held that states and private parties could not seek judicially imposed reductions in greenhouse gas emissions against electric utilities under a federal common-law nuisance theory. The leading Supreme Court blog called this litigation “the biggest-ever case on the issue of global warming” and AmLaw Media named Peter its “Appellate Lawyer of the Week” for the argument, calling the case “one of the biggest environmental cases of the decade, if not the century.”
- National Cable & Telecommunications Association v. Gulf Power. Peter successfully argued on behalf of the cable television industry in this case, in which the Court held that cable operators offering high-speed Internet service are entitled to access to electric utility poles at regulated rates.
- Roberts v. Sea-Land Services, Inc. Peter successfully argued on behalf of the respondent in this case involving the construction and application of federal worker compensation laws.
Peter is widely recognized as a leader in his field. He is consistently named as a leading appellate lawyer by Chambers USA, The Legal 500, the National Law Journal, Benchmark Litigation, and Best Lawyers. Washingtonian magazine included Peter on its 2019 list of Washington’s Best Lawyers as one of the region’s “best legal minds” for his Supreme Court practice. The Legal 500 also recognizes Peter for his work in the area of media, technology and telecommunications. Peter has been recognized by Benchmark Litigation for his appellate practice (2011–2023). Peter is also included in the 2019 “Best Lawyers in America” directory, and has been recognized since 2011 for his appellate, commercial litigation and media law work. Peter was named Best Lawyers’ “2016 Washington DC Appellate Practice ‘Lawyer of the Year.’” In 2012, The National Law Journal/Legal Times named Peter to its list of “Champions & Visionaries,” a select group of “attorneys whose business foresight or legal acumen has expanded their firms, advanced the law or improved government.” The NLJ noted that Peter “has been front and center in almost every major energy lawsuit in the past two years.” Law360 named Peter one of its “MVPs” for Appellate Law (2014) and Energy Law (2011).
Peter started his career at Sidley as an associate in 1989 after completing a clerkship for Justice Anthony Kennedy. In 2002 he joined the Department of Justice (DOJ) as the Principal Deputy Associate Attorney General. Peter spent most of his more than five-year tenure at DOJ as the Assistant Attorney General for the Civil Division, and ultimately served as Acting Attorney General of the United States. He returned to Sidley in 2008.
Experience
- Representative Matters
Recent cases include:
- United States of America v. AT&T & Time Warner, 916 F.3d 1029 (D.C. Cir. 2019).
- Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014).
- United States ex rel. Fair Laboratory Practices Associates v. Quest Diagnostics Incorporated, 734 F.3d 154 (2d Cir. 2013).
- National Association of Manufacturers v. SEC, 800 F.3d 518 (2015).
- American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011).
- National Cable & Telecommunications Association v. Gulf Power, 534 U.S. 327 (2002).
- Roberts v. Sea-Land Services, Inc., 132 S. Ct. 1350 (2012).
- Chevron Mining v. United States, 863 F.3d 1261 (2017).
- AES Puerto Rico v. Trujillo-Panisse, 857 F.3d 101 (1st Cir. 2017).
- United States v. Cinergy Corp., 623 F.3d 455 (7th Cir. 2010).
- Monarch Consulting v. National Union Fire Insurance Company, 26 N.Y.3d 659 (2016).
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Medicines Company v. Kappos., 462 F. App’x 974 (Fed. Cir. 2012), 731 F. Supp. 2d 470 (2010).
In these and other matters, Peter draws upon a wealth of experience gained from his notable government service. As Acting Attorney General of the United States—the chief law enforcement officer of the country—Peter directed the work of the Department of Justice, including its investigative agencies and litigating divisions. In his role as Assistant Attorney General for the Civil Division, Peter oversaw the work of the Justice Department’s largest litigating division, consisting of approximately 700 attorneys who represent the interests of the United States in federal and state courts throughout the country on a wide range of cases, including cases relating to administrative law, constitutional law, government contracts, False Claims Act and other civil fraud enforcement, bankruptcy, intellectual property, tort law, immigration law, foreign law, the constitutionality of federal statutes, the lawfulness of government programs and their implementation, national security matters, and civil and criminal enforcement of the Food, Drug and Cosmetic Act and other consumer protection laws. As head of the Civil Division, Peter personally argued a number of significant cases on behalf of the government involving issues of constitutional, statutory, regulatory and common law.
Peter also served as Associate Counsel to the President in the Office of White House Counsel under President Ronald Reagan.
Capabilities
News & Insights
Credentials
Admissions & Certifications
- U.S. Supreme Court
- U.S. Court of Appeals, 1st Circuit
- U.S. Court of Appeals, 2nd Circuit
- U.S. Court of Appeals, 4th Circuit
- U.S. Court of Appeals, 5th Circuit
- U.S. Court of Appeals, 6th Circuit
- U.S. Court of Appeals, 7th Circuit
- U.S. Court of Appeals, 8th Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, 10th Circuit
- U.S. Court of Appeals, D.C. Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, District of Columbia
- District of Columbia
Education
- Yale Law School, J.D., 1985
- Yale University, B.A., 1981 (magna cum laude, with distinction)
Clerkships
- Anthony M. Kennedy, United States Supreme Court (1988)
- Robert Bork, U.S. Court of Appeals, D.C. Circuit (1985 - 1986)