Mark Fogelman - Friedman & Springwater LLP

Mark Fogelman

Listed in Best Lawyers since 2008
Phone: 415-834-3812

Mark Fogelman’s practice focuses on civil, regulatory and appellate litigation with particular emphasis on the energy, telecommunications, water industries, and related environmental issues. Mark is an experienced appellate lawyer and is a member of the prestigious California Academy of Appellate Lawyers. He recently participated as a contributing author for California Civil Writ Practice (C.E.B. 4th ed. 2008).

Before entering private practice, Mark was an Assistant General Counsel at the California Public Utilities Commission, where he headed the practice group that defends all PUC decisions in state and federal courts. At the PUC, some of Mark's notable cases included California's appeal of the AT&T Divestiture to the U.S. Supreme Court; the Eighth Circuit cases that overturned the FCC's seminal orders construing the Telecommunications Act of 1996, and the appeal and oral argument before the U.S. Supreme Court in Pacific Gas & Elec. Co. v. PUC, 475 U.S. 1 (1986). He served as lead counsel in the hard-fought Mojave Pipeline case before the FERC, and defended California against FERC assertions of jurisdiction in major cases in the Ninth and D.C. Circuits. Mark also defended California's regulation of automatic dialing and announcing devices against First Amendment challenge in the federal district and appellate courts. Mark handled U.S. Supreme Court proceedings involving federal preemption of state trucking regulation and federal court proceedings preserving the sole line of railroad serving the North Coast of California.  He was staff co-counsel before the CPUC in the Diablo Canyon Nuclear Power Plant rate case.

In private practice, Mark prosecuted the lead case among a number of coordinated antitrust and unfair competition cases on behalf of seven corporate clients alleging that El Paso Corporation manipulated gas prices during the California Energy Crisis of 2000-2001 - a case which, along with the coordinated cases, resulted in the largest antitrust settlement in California history. He represented a large public utility in the PUC's investigation of price spikes at the California Border during the California Energy Crisis. He served as lead counsel for a large public utility in PUC proceedings, establishing a new regulatory framework and rate structure for the Northern California natural gas industry. He was lead counsel in the settlement of an enforcement proceeding in which the prosecution staff of the Central Valley Regional Water Quality Control Board sought the largest civil penalty in California history for violation of waste discharge requirements under the Porter-Cologne Act. Mark represented the Navajo Nation in proceedings before the PUC seeking to obtain a $1.1 billion environmental upgrade of a power plant fueled by Navajo coal. He defended and favorably settled an environmental enforcement action before the PUC against a telecommunications company alleged to have constructed a fiber optic network in violation of PUC environmental regulations. After a one-month jury trial in federal court, Mark obtained a jury verdict for a large natural gas consumer against a Texas energy company, which the Los Angeles and San Francisco Daily Journal selected as one of the "Top 10 Defense Verdicts of 2006."

Mark served as 2010 President of the Conference of California Public Utility Counsel. He is a frequent lecturer and author on subjects related to energy, natural resources, climate change, water, regulated industries, and related legal issues. Mark Fogelman is a member of the State Bar of California. Prior to joining Friedman & Springwater LLP, Mark was a partner at Reed Smith LLP and Steefel, Levitt & Weiss in San Francisco.

Stanford UniversityBA 1968University of ChicagoJ.D. 1971
California Academy of Appellate LawyersConference of California Public Utility Counsel

Case History

Appellate Litigation
  • Handled more than 150 appeals before the California Court of Appeal, the California Supreme Court, the United States Circuit Courts of Appeals and the United States Supreme Court, resulting in more than 45 published opinions.
Civil Litigation
  • Successfully represented a defendant cheese company as lead counsel in a federal court jury trial which resulted in what the Los Angeles and San Francisco Daily Journal characterized as one of the top ten defense verdicts of 2006.

  • Successfully represented a group of large corporate natural gas consumer plaintiffs in the lead coordinated antitrust case against El Paso Natural Gas Company resulting from allegations of market manipulation during the Energy Crisis of 2000-2001, which coordinated cases resulted in a total $1.7 billion antitrust settlement. 

Regulatory Litigation
  • Successfully represented a public utility in an investigatory enforcement proceeding before the California Public Utilities Commission, resulting in dismissal of the investigation and all allegations against the public utility.

  • Represented a major California electric public utility in multiple lawsuits in the U.S. Court of Federal Claims and the Los Angeles County Superior Court seeking billions of dollars in damages against the United States, several Cities, and multiple municipal utilities for overcharges in wholesale electric power sales to California public utilities made during the California Energy Crisis of 2000-2001.

Office Location

350 Sansome Street, Suite 210
San Francisco, CA 94104
United States

Practice Areas

Appellate Practice