Our firm’s combined experience representing energy companies spans decades, and includes oil and gas exploration and production, petroleum refining, pipelines, and power producers. We are regularly engaged in compliance auditing and counseling, transactional due diligence, permitting, regulatory development, and state and federal enforcement representation for our refinery clients. The subject matters spans across the areas of air quality control, water quality control, solid and hazardous waste management and remediation, and toxic substances control.
Much of our energy industry work has been in the area of petroleum refining. In the last several years our work has routinely involved eight (8) petroleum refineries in different locations across the country. We also have performed legal services for a number of other refiners on a non-routine basis.
The firm has been engaged in counseling and representation in the energy exploration and production area, including compliance, regulatory enforcement, and transactional matters, as well as for midstream operators and equity investors in the industry.
Recent experience includes:
The enforcement–related activities of our attorneys have involved numerous state environmental agencies and attorneys general, as well as the headquarters and regional offices of the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice.
In the last several years, we have represented refiners in negotiations with EPA and the Department of Justice pursuant to EPA’s National Petroleum Refinery Initiative (“NPRI”). Those matters have involved all of the so-called “marquee” issues involving significant refinery processes including fluidized catalytic cracking units, heaters and boilers, flares, sulfur recovery units, fuel gas combustions devices, and associated regulatory programs under NSR/PSD, NSPS, LDAR and BWON. These matters often address not only related state claims but may include other federal claims, such as CERCLA/EPCRA and RMP under Section 112(r) of the Clean Air Act.
We also have had extensive experience with the RCRA corrective action program. Joe Guida represented the Trustee in Bankruptcy of Hudson Oil Company in Cushing, Oklahoma in the first EPA judicial action in the nation under the corrective action authorities of RCRA §3008(h) in the mid–1980s. As indicated below, we are presently working with multiple refinery clients relative to RCRA corrective action at both state and federal levels.
We have been engaged in substantial work under the Clean Air Act and state counterparts. This work includes counsel on Title V permitting matters and certifications, major and minor source construction permits and compliance matters, NSPS, and NESHAPs. We also have had assisted clients with matters arising under refinery fuels programs, including voluntary self–disclosures of non–compliance with 40 C.F.R. Part 80 requirements, fuels registration issues, agency enforcement matters, fuels testing and laboratory audits, corrective action recommendations, and invalid RINs under the RFS2 program. We also have worked on economic hardship petitions under the fuels regulations, including a compliance extension under the RFS2 program.
Below are summaries of other matters in which we have represented energy companies in the last several years:
For this client, we recently obtained a complete dismissal of a Texas Environmental Qualify enforcement action that involved alleged violations of the Texas Clean Air Act, alleged solid waste violations under the Texas Solid Waste Disposal Act, alleged violations of the Texas Pollutant Discharge Elimination System under the Texas Clean Water Act, and alleged Texas water rights violations.