Energy - Pipeline & LNG

The robust production of domestic natural gas and oil supplies continues to create opportunities and challenges for the pipeline industry. Van Ness Feldman’s Pipeline & LNG practice group  is uniquely positioned to help clients navigate these evolving challenges by working with clients to devise creative and innovative solutions  in order to help capitalize upon new opportunities, meet challenges presented by regulators’ heightened safety concerns, and to influence the public policy debate regarding how to use the nation’s energy abundance. The scope of the firm’s Pipeline practice, if measured by number of pipelines and pipeline miles, continues to be the largest of any law firm in the country.   

Van Ness Feldman’s nationally recognized Pipeline & LNG practice offers the resources, knowledge, and capability needed to address complex legal and federal policy questions that often arise in the development of pipeline and storage projects, rate and tariff proceedings, compliance and enforcement matters, energy transactions, pipeline safety matters, and in emerging areas such as LNG  imports and exports, shale gas infrastructure development, regulation of energy derivatives trading, climate change issues, and greenhouse gas emissions.

 

REGULATORY COMPLIANCE & STRATEGIC COUNSELING

Pipeline market conditions are constantly changing, and so are the policies of regulatory entities, such as the Federal Energy Regulatory Commission (FERC), the Department of Energy, and the Pipeline and Hazardous Materials Safety Administration (PHMSA). The firm’s unparalleled regulatory practice helps pipeline clients anticipate and respond to these changes and offers the expertise of former FERC officials to address clients’ regulatory compliance, policy, and litigation needs, consistent with their business objectives.

Van Ness Feldman assists clients in preparing open season documents, tariff changes, adoption notices, cost of service, commercial agreements in support of operations, and indexed and market-based rate filings. The firm’s attorneys also develop and implement litigation and corporate strategies, prepare testimony, and represent clients in rate cases and appellate proceedings.

PIPELINE CERTIFICATE & PROJECT DEVELOPMENT

The firm’s pipeline attorneys advise clients at every stage of the pipeline infrastructure development process, including pre-development, project structuring, permitting, construction, operation, expansion, continuing regulatory compliance, and ongoing transactional services.

Each project presents unique challenges in financing, permitting, construction, political considerations, and stakeholder management. Van Ness Feldman approaches each project strategically, bringing to bear unparalleled substantive legal expertise, a results-oriented understanding of our client’s business goals, and intimate familiarity with the impacts of energy and environmental policy and regulation on energy projects of every size and scope.

FERC RATE & TARIFF REGULATION

Van Ness Feldman’s pipeline attorneys have extensive rate case experience that includes representing clients under both Sections 4 and 5 of the Natural Gas Act (NGA) and under Section 311 of the Natural Gas Policy Act, from the perspective of the pipeline as well as the customers. As a result, the firm brings an appreciation of multiple perspectives to the representation of clients in rate proceedings. Because of Van Ness Feldman’s extensive experience in both rate cases and other regulatory matters impacting natural gas pipelines, attorneys possess unique insight into the business of running a pipeline, including extensive knowledge of Master Limited Partnerships (MLPs), which allows the firm to deal successfully not only with the typical rate case issues, but also with larger policy issues that may arise in the course of a rate case. Van Ness Feldman is respected as a forceful but fair advocate that can litigate effectively but also negotiate reasonable settlements of proceedings.

A list of our recent rate case successes can be accessed here.

COMPLIANCE, AUDITS & ENFORCEMENT

Van Ness Feldman has assisted natural gas clients for nearly 30 years in protecting their corporate integrity. The firm has over 40 attorneys whose practices focus primarily on federal energy regulatory compliance issues. Van Ness Feldman has experience in all aspects of a federal energy compliance practice, from conducting regulatory compliance reviews, to helping clients develop compliance plans and training programs, to defending clients in FERC audits, investigations, and enforcement actions. In particular, the firm has experience counseling and representing clients with respect to regulatory compliance reviews, compliance programs and procedures, audit committee counsel, audit/investigation/enforcement response counsel, leadership seminars for management, and compliance maintenance services.

PIPELINE SAFETY

Van Ness Feldman provides a full range of pipeline safety services, including representation in enforcement and litigation matters (Notices of Probable Violation, Corrective Action Orders, Petitions for Reconsideration,  and Petitions for Review); guidance on regulatory compliance; audit and inspection preparation; compliance plan reviews; policy guidance on rulemakings and legislation; developing regulatory strategies for the use of new materials and technologies; and assisting with special permit applications and implementation. Robust compliance programs and effective responses to enforcement must be informed by an appreciation of big-picture safety objectives and business and legal risk.

Van Ness Feldman partners with pipeline personnel to help balance these considerations and protect and preserve legal rights. The firm’s pipeline safety practice is anchored by attorneys with long-standing experience in the pipeline industry and pipeline safety expertise at the Pipeline and Hazardous Materials Safety Administration (PHMSA). We combine these capabilities with Van Ness Feldman’s established and respected pipeline practice and industry knowledge to help operators develop, implement and defend their safety programs. Backed by a strong litigation team, the firm also helps operators effectively respond to and manage administrative enforcement actions and, when necessary, litigation. 

LIQUIFIED NATURAL GAS (LNG)

Van Ness Feldman is home to one of the most experienced and seasoned LNG practices in the country, and the firm’s professionals have been at the forefront of every major development in the LNG industry since the 1970s. Van Ness Feldman’s clients are involved in virtually all aspects of the LNG industry and include LNG project developers, terminal operators and owners, suppliers, natural gas pipelines and storage companies, trading companies, investors, and lenders.

LNG attorneys advise clients on various parts of the LNG value chain, including pre-development, project structuring, development, permitting, construction, operation, and expansion. The firm also provides due diligence review for prospective lenders and investors, and offers a full range of transactional services. In addition to regulatory and transactional experience, the LNG team also provides strategic advice on public policy affecting LNG projects as well as legislative advocacy.



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Professionals

Lawrence G. Acker

Partner

Washington D.C.

202.298.1915

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Anna Skubikowski Aguilera

Associate

Washington D.C.

202-298-1922

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Steve Baruch

Senior Energy Analyst

Washington D.C.

202.298.1832

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Marco Bracamonte

Paralegal

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Claire M. Brennan

Senior Paralegal Specialist

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Keturah A. Brown

Law Clerk

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John J. Buchovecky

Partner

Washington D.C.

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Robert F. Christin

Of Counsel

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Patrick Daugherty

Of Counsel

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Barbara A. Deathe

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Michael Diamond

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Michael D. Farber

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Britt Speyer Fleming

Partner

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Haley Mittler Franco

Energy Analyst

Washington D.C.

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Patricia F. Godley

Senior Counsel

Washington D.C.

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Duncan M. Greene

Partner

Seattle

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Stuart C. Hall

Senior Director, Governmental Issues

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Shippen Howe

Of Counsel

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Larry Inouye

Energy Analyst

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A. Gregory Junge

Partner

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Tyson C. Kade

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Associate

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Molly A. Lawrence

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Michael F. McBride

Partner

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Brian J. McManus

Of Counsel

Washington D.C.

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Phil Mone

Associate

Washington D.C.

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Frances Bishop Morris

Associate

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Susan A. Olenchuk

Partner

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Brian D. O'Neill

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Partner

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Jonathan D. Simon

Partner

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Darshana Singh

Associate

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Van F. Smith

Associate

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Robert G. Szabo

Partner

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Mona Tandon

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News

Maranda Compton Quoted in Washington Post Regarding Dakota Access Permitting

Coal Utilization Research Council Announces Expanded Mission

FERC Examines New Policy for Income Tax Costs

Van Ness Feldman Elects One New Principal, Five New Partners

Van Ness Feldman Named a "Best Law Firm in the US" for 2017

Van Ness Feldman Expands Litigation and Investigations Practice Welcomes Michael Farber as Partner

Patrick Daugherty and R. Scott Nuzum Named Of Counsel to Van Ness Feldman

Van Ness Feldman Expands Pipeline Safety Practice

The Legal 500 Names Van Ness Feldman Top Tier Energy Regulatory Firm

Van Ness Feldman Receives Top Recognition in Chambers USA 2016 Rankings

Greg Junge Named a Client Service All Star and MVP

American Gas Foundation and Van Ness Feldman Release Natural Gas Pipeline Safety Study

Tyson Kade Named Of Counsel to Van Ness Feldman

The Legal 500 Names Van Ness Feldman 1st Tier Energy Regulatory Firm

AGA and Van Ness Feldman Release 2015-2016 FERC Manual

Van Ness Feldman Receives Top Recognition in Chambers USA 2015 Rankings

Van Ness Feldman Prevails on Behalf of MoGas in U.S. Court of Appeals

Van Ness Feldman Welcomes Mona Tandon as Partner

Van Ness Feldman Awarded 2014 NiSource Crystal Key Award

The American Gas Association and Van Ness Feldman Release 2014 FERC Manual

Committed Shipper Rates the Subject of Further Questioning in Seaway Remand

Van Ness Feldman Elects Six New Partners

Janna Chesno Presents on LNG Export Projects

Susan Olenchuk Presents on PHMSA Regulations at the 36th Annual AGA Legal Forum

Van Ness Feldman Named 1st Tier Energy Regulatory Firm by The Legal 500, United States, 2013

The American Gas Association and Van Ness Feldman Release 2013 FERC Manual

Events

2017 EBA Annual Meeting & Conference

The American Bar Association's Section of Environment, Energy, and Resources' 46th Spring Conference

2016 EBA Primer Series: An Introduction to Federal Regulation of the Natural Gas Industry

The Basics of FERC Ratemaking for Interstate Pipelines

Interstate Pipeline Regulatory Committee Annual Meeting

AOPL's Annual Business Conference

AGA 2016 Legal Forum

Energy Bar Association Annual Conference

Webinar: Overview of Natural Gas Pipeline Construction - A Constitution Pipeline Company Case Study

2016 API Pipeline Conference

2016 INGAA Planning Meeting

The Basics of Natural Gas Pipeline Ratemaking Course

American Gas Association 8th Annual Energy Market Regulation Conference

Shale Insight 2015

AOPL 2015 Annual Business Conference

Energy Exports in the Pacific Northwest

Southern Gas Association's Operating Conference & Exhibits

AGA Legal Forum 2015

6th Annual Pipe Tech Americas Summit

Understanding Appalachian Basin Midstream Assets

9th Annual Gas Processors Association Convention

Webinar: Recent Developments in the Regulation of Small-Scale Liquefaction Facilities

Fracking Revisited - Current and Past Developments

The Basics of Natural Gas Pipeline Ratemaking Course

Shale Insight 2014

Webinar: Pipeline Safety Enforcement and Compliance: Recent Trends and Developments

EBA's Natural Gas Primer: An Introduction to FERC Regulation of the Natural Gas Industry

Webinar: Shale Gas—Infrastructure, Impacts and Issues

Mobilizing Midstream: A Global Connection - GPA Convention 2014

2014 Pipeline Conference and Cybernetics Symposium

Pipeline Safety Seminar

2013 Annual Conference

AGA Energy Market Regulation Conference 2013

Pipeline Safety: A Gateway to Expanded Access to Natural Gas

Association of Oil Pipelines 2013 Annual Business Conference

AGA Legal Forum 2013

2013 Managing Marcellus Training Series

NIPPC Annual Meeting 2012

10th Annual Gas and Power Institute

AGA Legal Forum 2010

AGA Executive Conference 2008

Alerts

D.C. Circuit Upholds Conditional Certificates for Natural Gas Pipelines

Trump Issues Executive Order Aimed at Expanding Development of Offshore Oil & Gas Resources

Trump Order Sets Up Rollback of Obama Energy and Climate Action

Executive Actions May Impact the Future of Energy Infrastructure Projects and Domestic Manufacturing

Dakota Access Challenges Army Corps After Easement Determination Stalled

BLM's Final Methane and Waste Prevention Rule Creates Compliance Uncertainty

2016 Election Results: Impacts of the Presidential and Congressional Races

Obama Administration Seeks Tribal Input on Federal Infrastructure Decisions, Dakota Access Litigation Continues

Federal Intervention in Dakota Access Pipeline Project Focuses on Tribal Consultation Process

BSEE Director Urges Action on Offshore Well Cementing Safety Issues

BSEE Looks to Address Offshore Safety Component Failures at Upcoming Forum

Proposed BSEE Rule Continues Interior Department Focus on Decommissioning Costs and Obligations

Use of Drones for Monitoring and Inspection of Energy Infrastructure

Little-Noticed Provision in BSEE's Well Control Rule May Have a Major Impact on Risk Reduction

BOEM Unveils Significant New Supplemental Financial Assurance Requirements in NTL 2016-N01

D.C. Circuit Questions FERC's Income Tax Allowance Policy

Army Corps Proposes Renewal of Nationwide Permits for Work in Waters of the U.S.

EPA Takes Actions to Reduce Methane Emissions from the Oil and Gas Sector

Reflections on the BLM's Proposed Methane and Waste Reduction Rule

FERC Reaffirms Sanctity of Committed Shipper Contracts and Arm's-Length Bargaining

Congress Establishes Federal Permitting Reforms for Major Infrastructure Projects

FERC Issues Long-awaited Remand Order Responding to Delaware Riverkeeper v. FERC

New BIA Rule Could Have Unintended Consequences for Business in Indian Country

PHMSA Issues Long-Awaited Proposed Hazardous Liquid Pipeline Rule

Van Ness Feldman Publishes Clean Power Plan Resource Guide

EPA Issues Package of Proposed Rules to Reduce Methane Emissions from the Oil and Gas Sector

Crude Oil Swaps with Mexico: Is the Export Ban on its Last Legs?

FERC Issues "Best Practices" for Natural Gas Industry Outreach to Stakeholders

FERC Issues Final Audit Reports for Colonial Pipeline Company and Enterprise Product Partners L.P.

COMPREHENSIVE ENERGY LEGISLATION

PHMSA Issues Final Rule on Enhanced Tank Car Standards and Rail Operational Controls for Flammable Liquid Transport

Proposed Safety Rule Could Impact Offshore Oil and Gas Operators

BLM Contemplates Oil and Gas Royalty Reform

Shippers Request More Transparency in FERC Form No. 6

FERC Approves Pipeline Modernization Policy Statement

Policy Outlook for 2015

Obama Administration Announces Plans to Control Methane Emissions from the Oil and Gas Sector

Five Things to Look for in the Obama Methane Policy Announcement

FERC Offers Analytical Framework for Pipeline Recovery of Costs Related to Safety, Reliability, and Environmental Compliance Costs and Requests Comments

Van Ness Feldman Receives Top Recognition in Chambers USA 2014 Rankings

Seaway Initial Decision on Remand Spurns FERC Holding on Committed Shipper Rates and Finds them Subject to Modification

Broad Definition of "Substantial Economic Interest" Permits Standing in Shell Pipeline Co. LP

White House Releases Climate Action Plan to Reduce Methane Emissions

FERC Proposes Reforms to Improve Gas-Electric Scheduling Coordination and Flexibility

Final Environmental Analysis for Keystone XL Pipeline Project Elevates Climate Change Issues

OUTLOOK 2014: KEY POLICY DEVELOPMENTS

Fractured Pennsylvania Supreme Court Issues Decision on Constitutionality of Oil and Gas Law

FERC Order Permits Rockies Express Pipeline LLC to Move Forward with East to West Transportation of Shale Gas Production

FERC Issues Final Rule Clarifying Work Space Requirements for Section 2.55(a) Auxiliary Installations

CFTC Proposes Position Limits and Aggregation Rules for Energy and Other Commodity Derivatives

Waiting for DOE Action on LNG Exports, Again

D.C. Circuit Upholds FERC's Decision That Rates Resulting from a Capacity Auction are Presumed to be Just and Reasonable

In Case of "First Impression" FERC Dismisses Application To Operate Facilities in Hawaii to Receive LNG from Continental U.S.

U.S. Department of Energy Issues Final Order and "Finding of No Significant Impact" for Sabine Pass Liquefaction Export Project

Summary of Comments in Response to "Coordination between the Natural Gas and Electricity Markets" FERC Docket No. AD12-12-000

Fifth Circuit Vacates FERC Order Requiring Information Posting by Intrastate Pipelines

Updates

Pipeline Safety Update - Issue No. 124

Pipeline Safety Update - Issue No. 123

Pipeline Safety Update - Issue No. 122

Pipeline Safety Update - Issue No. 121 Special Edition

Pipeline Safety Update - Issue No. 120

Pipeline Safety Update - Issue No. 119

Pipeline Safety Update - Issue No. 118

Pipeline Safety Update - Issue No. 117

Pipeline Safety Update - Issue No. 116

Pipeline Safety Update - Issue No. 115

Pipeline Safety Update - Issue No. 114

Pipeline Safety Update - Issue No. 113

Pipeline Safety Update - Issue No. 112

Pipeline Safety Update - Issue No. 111

Pipeline Safety Update - Issue No. 110

Pipeline Safety Update - Issue No. 109

Pipeline Safety Update - Issue No. 108

Pipeline Safety Update - Issue No. 107

Pipeline Safety Update - Issue No. 106

Pipeline Safety Update - Issue No. 105

Pipeline Safety Update - Issue No. 104

Pipeline Safety Update - Issue No. 103

Pipeline Safety Update - Issue No. 102

Pipeline Safety Update - Issue No. 101

Pipeline Safety Update - Issue No. 100

Pipeline Safety Update - Issue No. 99

Pipeline Safety Update - Issue No. 98

Pipeline Safety Update - Issue No. 97

Pipeline Safety Update - Issue No. 96

Pipeline Safety Update - Issue No. 95

Pipeline Safety Update - Issue No. 94 - Special Edition

Pipeline Safety Update - Issue No. 93

Pipeline Safety Update - Issue No. 92

Pipeline Safety Update - Issue No. 91

Pipeline Safety Update - Issue No. 90

Pipeline Safety Update - Issue No. 89

Pipeline Safety Update - Issue No. 88

Pipeline Safety Update - Issue No. 87

Pipeline Safety Update - Issue No. 86

Pipeline Safety Update - Issue No. 85

Pipeline Safety Update - Issue No. 84

Climate, Energy, & Air Update - September 11 - 24, 2014

Pipeline Safety Update - Issue No. 83

Climate, Energy, & Air Update - Aug. 28 - Sept. 10, 2014

EMC Pipeline Safety Update - Issue No. 83

Climate, Energy, & Air Update - August 14 - 27, 2014

Pipeline Safety Update - Issue No. 82

Climate, Energy, & Air Update - August 1 - 13, 2014

Pipeline Safety Update - Issue No. 81

Climate, Energy, & Air Update - July 16 - 30, 2014

Climate, Energy, & Air Update - June 26 - July 9, 2014

Pipeline Safety Update - Issue No. 80

Climate, Energy, & Air Update - June 12 - 25, 2014

Pipeline Safety Update - Issue No. 79

Climate, Energy, & Air Update - May 29 - June 11, 2014

Pipeline Safety Update - Issue No. 78

Climate, Energy, & Air Update - May 15 - 28, 2014

Pipeline Safety Update - Issue No. 77

Climate, Energy, & Air Update - May 1 - 14, 2014

Pipeline Safety Update - Issue No. 76

Climate, Energy, & Air Update - April 17 - 30, 2014

Pipeline Safety Update - Issue No. 75

Climate, Energy, & Air Update - April 2 - 16, 2014

Pipeline Safety Update - Issue No. 74

Climate, Energy, & Air Update - Mar. 20 - Apr. 2, 2014

Pipeline Safety Update - Issue No. 73

Climate, Energy, & Air Update - March 5 - 19, 2014

Pipeline Safety Update - Issue No. 72

Climate, Energy, & Air Update - Feb. 18 - Mar. 5, 2014

Climate, Energy, & Air Update - Jan. 30 - Feb. 12, 2014

Pipeline Safety Update - Issue No. 71

Climate, Energy, & Air Update - Jan. 16 - 29, 2014

Pipeline Safety Update - Issue No. 70

Pipeline Safety Update - Issue No. 69

Pipeline Safety Update - Issue No. 68

Climate, Energy, & Air Update - Nov. 7 - 20, 2013

Pipeline Safety Update - Issue No. 67

Climate, Energy, & Air Update - Oct. 24 - Nov. 6, 2013

Pipeline Safety Update - Issue No. 66

Climate, Energy, & Air Update - Oct. 10 - 23, 2013

Climate, Energy, & Air Update - Sep. 19 - Oct. 9, 2013

Pipeline Safety Update - Issue No. 65

Pipeline Safety Update - Issue No. 64

Climate, Energy, & Air Update - Sep. 3 - 18, 2013

Pipeline Safety Update - Issue No. 63

Pipeline Safety Update - Issue No. 62

Climate, Energy, & Air Update - July 18 - 31, 2013

Pipeline Safety Update - Issue No. 61

Climate, Energy, & Air Update - July 4 - 17, 2013

Pipeline Safety Update - Issue No. 60

Climate, Energy, & Air Update - June 20 - July 3, 2013

Pipeline Safety Update - Issue No. 59

Climate, Energy, & Air Update - June 6 - 19, 2013

Climate, Energy, & Air Update - May 23 - June 5, 2013

Climate, Energy, & Air Update - May 9 - 22, 2013

Climate, Energy, & Air Update - April 25 - May 8, 2013

Climate, Energy, & Air Update - March 28 - April 10, 2013

Climate, Energy, & Air Update - March 13 - 27, 2013

Climate, Energy, & Air Update - January 31 - February 13, 2013