Kevin Ewing is a natural resources lawyer who helps clients address challenges in “federal” Washington, DC. He advises chiefly energy and infrastructure companies pursuing development projects, federal authorizations, or changes in agency policy, and in responding to federal enforcement and incident investigations. His clients are involved in offshore wind and O&G development, natural gas and liquids pipelines, LNG, power transmission and specialty chemicals. Kevin has frequently been involved in efforts to improve federal policies governing infrastructure projects and related permitting and agency reviews.
An area of special focus for more than twenty years is environmental corporate disclosure, including shareholder demands and governmental inquiries (including under the Martin Act) about climate change and hydraulic fracturing. He advises publicly-traded energy companies on mandatory reporting, activist shareholder demands, sustainability reporting, and related litigation and policy issues.
Recent Notable Matters
Equinor — $1.1 billion sale of a 50 percent interest in two US offshore wind development projects to BP, including formation of a partnership to develop and operate the Empire Wind project offshore New York and Beacon Wind project offshore Massachusetts, which together could generate up to 4.4 GW
Multiple trade associations and business groups, and their member companies — advise and advocate in high-level federal policy advocacy and regulatory reform efforts notably NEPA, Clean Water Act, Natural Gas Act, and the pipeline and LNG safety statutes aimed at improving and streamlining the permitting of energy and other infrastructure
Statoil Wind U.S. / Empire Wind — federal leasing and permitting for major wind development project offshore New York
Halliburton Energy Services, Inc. / Macondo — federal government investigations concerning the Macondo well control incident
Oilfield services and E&P companies — post-Macondo federal policy and regulatory developments affecting energy development; permitting and financial assurance requirements; liability and enforcement; federal land policies; and the requirements of NEPA and species protection
LNG developer and operator — federal safety requirements and governmental inspections for developing and operating LNG assets
Midstream energy companies — compliance support concerning pipeline safety, Presidential and other federal permitting, jurisdictional issues for offshore and onshore gathering and transmission pipelines, and regulatory support in A&D
Energy companies operating offshore — development risk analysis associated with numerous proposed and operating offshore and nearshore energy facilities in the Northeastern U.S., Mid-Atlantic, and Gulf of Mexico
Multiple LNG projects (import and export) — environmental aspects of LNG storage, regasification, and liquefaction projects, including siting, permit strategy, environmental impact assessment, and applications to the Federal Energy Regulatory Commission
Offshore LNG facility — defense of the Deepwater Port Act license (Gulf Restoration Network v. U.S. Department of Transportation, 452 F.3d 362 (5th Cir. 2006)
Pipeline developers and anchor shippers — permitting, environmental impact assessment, FERC environmental requirements and related litigation for inter- and intra-state natural gas and as appropriate for liquids pipelines
Urban developer — NEPA litigation defending against challenges to approvals by the Army Corps of Engineers and National Park Service for community redevelopment projects in southwestern Michigan
Publicly-traded upstream energy company — assisted in securing first SEC Staff no-action letter in upstream sector concerning shareholder climate proxy proposal (2018)
Publicly-traded energy companies — response to shareholder proxy proposals on environmental issues and advice on long-term strategies for shareholder engagement
Publicly-traded energy companies — mandatory and voluntary disclosure to shareholders concerning environmental matters under Regulation S-K
Publicly-traded energy company — defense of Martin Act investigation concerning shareholder disclosure relating to climate change
Publicly-traded energy company — defense of Martin Act investigation concerning shareholder disclosure relating to hydraulic fracturing
Compliance Management and Enforcement
International chemical company — defense of a multimedia, federal-state criminal investigation under the Clean Water Act
Publicly-traded multinational company — redesign of the client's global environmental auditing system
Chemical import companies — compliance under the Toxic Substances Control Act (TSCA) and federal pesticide laws (FIFRA), including the direction of companywide TSCA audits, and related regulatory compliance and policy analysis strategies, PMNs, SNUR/SNUNs, exemptions, nanotech approvals, pesticide labeling, and defense of civil enforcement proceedings
Publications and Speeches
"Energy Industry Opposition: The Latest Wave of Challenges and Strategies," 10th Law of Shale Plays Conference, Pittsburgh, PA, September 4, 2019
"BSEE takes steps to relieve burdensome requirements," Offshore, March 7, 2018.
Keynote Speaker, 10th IFI Operational Risk Management Forum, May 31, 2017
Co-author, "Pipeline Protest: The New Playbook," Pipeline & Gas Journal, May 2017.
Panelist, "Identifying and Assessing Emerging Risks," Western Reliability Summit, May 3, 2017.
Speaker, “Lessons in Risk Management Learned From Major Accidents,” April 27, 2017.
Co-author, "Analysis Of PHMSA's Proposal To Revise Volatility Regs For Crude Oil," Midstream Business, February 1, 2017.
"Protests, Policies, and Regulations — Impact on Pipeline Development," Platts Pipeline Development and Expansion Conference, Houston, September 29, 2016.
"Wyoming Federal Judge Sides with States Industry, Strikes Down BLM Hydraulic Fracturing Rule," Oil & Gas Financial Journal, July 15, 2016.
"Climate Disclosure - Trends and Drivers," The American Gas Association's 2016 Legal Forum, Asheville, NC, July 11, 2016.
"Getting New Oil and Gas Production to Market - Regulation and Legal Challenges to Infrastructure Development," Association of Corporate Counsel South/Central Texas Chapter's Oil & Gas Law Lunch and Learn, San Antonio, April 28, 2016.
"What to Expect in the Event of an Oil Spill or Other Significant Offshore Incident or Catastrophe," The Rocky Mountain Mineral Law Foundation's Special Institute on Federal Offshore Regulatory Enforcement, Houston, January 21, 2016.
"Pipelines and Marine Transport — Moving North American Gas and LNG," Platts 14th Annual Liquefied Natural Gas Conference, Houston, February 26, 2015.
"Three Mile Island, Chernobyl, Fukushima: Lessons Learned and Being Learned," Annual Conference of the International Bar Association, Tokyo, October 19, 2014.
"A Review and Discussion on Hydraulic Fracturing and the Regulation of Hydraulic Fracturing," Institute for Energy Law 65th Annual Oil & Gas Law Conference, Houston, February 19, 2014.
"Major Incident and Crisis Management - Strategies for Response in the Public Eye," Bracewell Oil & Gas Regulatory Symposium, Houston, TX, October 9, 2013.
Instructor, "Developing Oil & Gas in the Gulf of Mexico: A Perspective from Washington," intensive semi-annual legal training for a large international energy company (2011, 2012, 2013).
"Pipeline Opposition - New Strategies Being Used to Slow and Stop Projects," Platts 8th Annual Pipeline Development & Expansion Conference, Houston, TX, September 18, 2013.