James Lang

Practice Areas

Energy and Utilities Law

Energy and Utilities - State Regulatory

Energy and Utilities - Federal Regulatory

Public Utilities, Energy, and Telecommunications Litigation

Public Law Litigation

Public Law

Tax Litigation

Tax Law

Business, Corporate, and Commercial Litigation

Appellate Litigation

Government Relations and Legislation

State and Government Relations and Policy

Information Technology Law

Litigation

Real Estate Litigation

Career

A Partner and Co-Chair of Calfee’s Energy and Utilities practice group, Jim Lang also serves as Leader of the Public Law practice and of the Energy and Utilities industry team. He provides litigation counsel to a wide range of clients, including public utilities, municipalities, private-property owners and publicly and privately held businesses.

Jim’s multi-disciplinary legal interests include constitutional law, telecommunications and energy, campaign finance and lobbying compliance, gaming, class actions, property taxation and municipal and public law.

He has represented clients before trial and appellate courts at both the state and federal level, the Public Utilities Commission of Ohio (PUCO), Ohio Power Siting Board, Ohio Board of Tax Appeals, county boards of revision, private mediators and AAA and NASD arbitrators.

Jim has lectured in public and private forums to representatives of companies and public agencies regarding electronic discovery challenges and effective records management.

Jim is a member of the Ohio State and Cleveland Metropolitan Bar Associations. He is a 2002 graduate of LeadDIVERSITY, a diversity and leadership training program operated by the Diversity Center of Northeast Ohio.

Prior to entering law school, Jim served as a production coordinator for U.S. News and World Report magazine and as a research assistant for Martin P. Stevens J.P., M.P., in England’s House of Commons. Jim began his tenure with Calfee in 1992 and was elected Partner in 2002.

Professional Memberships

Ohio State Bar Association, Member

Cleveland Metropolitan Bar Association, Member

LeadDIVERSITY, Diversity Center of Northeast Ohio, 2002 Program Graduate

Expert in these Jurisdictions

District of Columbia

Ohio

Experience

Public Utilities Experience:

Serve as lead Ohio regulatory counsel for a publicly traded, Fortune 50 technology company in a proceeding initiated by a large regulated utility company for approval of a data center tariff. (2024)

Represent one of the largest universities in the region before the Ohio Power Siting Board (PSB) to obtain approval for a combined heat and power generating facility on the campus to provide electric power, steam, and chilled water to campus buildings. Since the approval by the PSB in 2020, Calfee has continued to work with PSB Staff on construction progress and satisfaction of PSB conditions. (2024)

Serve as lead Ohio regulatory counsel for a governmental energy aggregator client in a proceeding initiated by a natural gas distribution company for approval of a rate increase in a PUCO case. (2024)

Serve as lead Ohio regulatory counsel responsible for energy supply questions associated with a Purchase and Sale and Submetering Agreement in which Calfee's client, a leading technology infrastructure company, is the purchaser. (2024)

Serve as lead Ohio regulatory counsel for a large public university in a proceeding initiated by a leading energy company for approval of a gas pipeline extension in an Ohio Power Siting Board (PSB) case. (2024)

Calfee serves as lead Ohio regulatory counsel for a waste energy recovery services client in a PUCO proceeding related to the certification of renewable energy credits. (2024)

Serve as Ohio regulatory counsel for a clean energy company client in a Public Utilities Commission of Ohio (PUCO) Staff investigation and PUCO proceeding. The Staff investigation culminated in a settlement that was approved by the PUCO following extensive review and an evidentiary hearing. (2024)

Served as lead regulatory litigation counsel for an independent electric transmission holding company. Calfee represented the client in contested matters regarding a Petition for a Certificate of Convenience and Necessity to operate an electric transmission system and a complaint case associated with the CPCN.

Serving as co-counsel and local due diligence counsel to a Canadian pension investment manager, helping to provide economic and environmental regulatory due diligence for the possible acquisition of a stake in a public utility.

Represented a large Midwestern U.S. municipality in a base electric distribution rate case filed by a large energy holding company at the Public Utility Commission of Ohio.

Represented a large university client before the Ohio Power Siting Board to obtain approval for a facility to provide power to campus buildings. Since the approval by the PUCO, Calfee has successfully opposed applications for rehearing filed by an environmental organization and continued to work with Commission Staff on construction progress and satisfaction of Commission conditions. Calfee attorneys also have advised the client concerning the Long-Term Lease and Concession Agreement with a joint venture organization and related construction issues involving this energy facility.

Served as lead regulatory counsel in Ohio for a global utility company client that supplied retail customers of a governmental energy aggregator under an agreement that was put at risk by complaints initiated by an electricity supplier and other entities. Calfee worked with the client and legal counsel for the governmental energy aggregator to ensure that the aggregator's certificate to provide governmental aggregation service was renewed and that all complaints were denied by the Public Utilities Commission of Ohio. PUCO renewed the certificate in 2023.

Serving as Ohio regulatory counsel for a clean-energy subsidiary of a Fortune 500 corporation in a PUCO Staff investigation.

Assisted electric utilities in obtaining PUCO approval of the electric security plan under R.C. 4928.143.

Obtained PUCO approval of Energy Efficiency and Peak Demand Reduction Portfolio Plans mandated by Ohio law.

Obtained Ohio Supreme Court decision affirming motor transportation company’s exemption from municipal net profits tax.

Assisted telephone and electric utilities in obtaining essential regulatory approvals from the PUCO, and assisted telecommunications company in obtaining video competition agreements from Ohio municipalities.

Obtained dismissal of complaints filed by cellular resellers against CMRS provider on the basis that PUCO lacked jurisdiction over complaints, and successfully defended dismissal on appeal to the Ohio Supreme Court.

Authored and presented legal analyses demonstrating that proposed legislation to restructure regulation of the electric utility industry violated the Commerce Clause, Supremacy Clause, and Takings Clause.

Public Law and Regulatory Compliance Experience:

Advised casino and racino properties regarding all aspects of regulatory compliance, including the impact of the Ohio Constitution, state laws, and Casino Control Commission, Lottery Commission, and Racing Commission rules.

Advised municipalities and other Ohio political subdivisions regarding all aspects of public and municipal law, including home rule powers, municipal utility powers, public records, tort immunity, vacating streets, zoning, and eminent domain.

Successfully opposed ballot initiative promoted by anti-fracking group as a “Community Bill of Rights.”

Defended municipal utilities in court actions seeking to limit the constitutional authority of municipal utilities over rates and use of funds.

Assisted in drafting of legislation and rules regarding casino regulation and other public law matters.

Advised individuals and companies regarding federal and Ohio campaign finance regulations and legal limits on campaign contributions.

Consulted with companies and lobbyists regarding compliance with Ohio ethics laws, the Lobbying Disclosure Act, the Foreign Agents Registration Act, and other federal ethics and contracting obligations.

Served for more than 20 years as editor and an author of Local Government Law – Municipal (1st ed. 2004), which is part of Baldwin’s Ohio Practice series published by Thomson West, and previously edited Babbit’s Ohio Municipal Service between 1995 and 2000.

Ad Valorem Taxation Experience:

Assisted property owners in reducing the assessed value of their real property by pursuing complaints filed with county boards of revision and, when necessary, pursuing appeals to the Ohio Board of Tax Appeals and Ohio Supreme Court.

Obtained Board of Tax Appeals decision reducing client’s public utility property taxes by more than $25 million by successfully introducing alternative valuation rebutting presumption accorded tax commissioner’s standard valuation method.

Complex Litigation Experience:

Served as lead counsel for an Ohio municipality in a tax litigation matter involving a school district that commenced litigation alleging the city was in violation of an agreement to share a municipal income tax with the school district. (2024)

Served as lead counsel to all defendants in an action involving the sale of commercial property by Calfee's client. The plaintiff asserted claims for breach of the purchase agreement, promissory estoppel, unjust enrichment, civil liability for criminal conduct, conversion, fraud, and piercing the corporate veil. Calfee obtained summary judgment on all non-contract claims, which was affirmed on appeal. The parties reached a confidential settlement within a month of the scheduled trial.

Serve as litigation counsel to a Midwestern city government in a case filed against the city by the board of education alleging that the city's application of tax receipts is unlawful.

Won certification of an eight-county class of property owners seeking a declaration of their rights regarding ownership and use of the shores of Lake Erie, and won on behalf of the class a declaration, which was unanimously affirmed by the Eleventh District Court of Appeals and Ohio Supreme Court, that the state’s public trust interest in Lake Erie does not extend beyond the water’s edge. On remand, obtained a $6.1 million class action settlement from the Ohio Department of Natural Resources.

Education