As the country expands its energy infrastructure, Hunton Andrews Kurth lawyers offer clients a multidisciplinary approach to the development, management, maintenance and compliance of critical infrastructure. Servicing the nation’s pipelines requires a cross-functional legal team focused on federal and state regulatory, compliance, and enforcement measures involving a wide breath of environmental laws, and the maintenance, construction, permitting, storage, and development management associated with pipeline companies. With decades of experience in the pipeline arena, the Hunton team prides itself in helping clients tackle the broad spectrum of pipeline related matters.

Environmental

Hunton’s environmental team has extensive experience advising on all aspects of environmental issues related to pipeline permitting, construction, operation and maintenance, including compliance with new and existing regulations, repair and replacement of infrastructure. We pride ourselves in our ability to address clients’ evolving legal and business needs as efficiently and effectively as possible by leveraging the talent and experience of more than 100 environmental and energy regulatory lawyers across the nation. Our team is familiar with challenges arising with both inter- and intra-state oil, gas, water and utility lines. We assist clients in securing federal and state permits, managing regulatory proceedings, coordinating with agencies to develop NEPA review documents and a supporting administrative record, preparing for litigation or enforcement action, defending administrative, civil and criminal enforcement actions, and developing long-term environmental compliance strategies for both expansion and maintenance projects. Hunton is conversant in the multiple facets of the pipeline industry utilizing experience to develop sustainable solutions for clients while preserving all applicable defenses and privileges. Our lawyers have worked on numerous pipeline matters, including those associated with the increased oversight, investigation and regulation of pipeline matters by the Environmental Protection Agency (EPA), Department of Justice (DOJ), and Department of Transportation’s (DOT) office of Inspector General (OIG). We advise clients on unforeseen environmental issues and environmental justice impacts, as well as working day-to-day with clients in tackling their biggest environmental concerns. Hunton’s award-winning environmental practice group is comprised of seasoned attorneys, many of whom have previous experience working for regulatory oversight agencies charged with pipeline permitting, enforcement, and regulation.

Regulatory

Hunton Andrews Kurth’s energy regulatory practice provides high quality legal services to national and international entities in the energy sector. As to our pipeline clients, our attorneys advise on an array of regulatory and enforcement matters related to the NGA, the NGPA, the ICA, and similar state statutes. Our attorneys represent clients in matters associated with pipeline rates and terms of service, including compliance with FERC open access requirements, tariff rules, and capacity release requirements. In association with those matters, we regularly assist clients with internal compliance plan development, employee training, and day-to-day operational support. We also represent pipeline project sponsors in both federal and state facility certification proceedings and advise on DOT pipeline safety requirements and state pipeline safety programs, including defense of clients in PHMSA and state agency enforcement actions brought under pipeline safety laws. In addition, we assist clients in conducting regulatory assessments and due diligence on behalf of lenders and purchasers in connection with the acquisition of pipeline facilities.

Transactional

Hunton has significant experience advising companies active in all segments of the oil and gas value chain. This includes not only interstate and intrastate pipelines, but also energy producers, developers, gathering and storage companies, marketing companies, local distribution companies and liquefied natural gas (LNG) developers. We negotiate gas purchase and transportation agreements, assist in transactions involving pipeline development, permitting, and financing, and counsel clients on legal considerations governing their gas acquisition strategies. We also advise foreign governments on reform and restructuring of their natural gas sectors, draft proposed legislation to implement such reforms and counsel government-owned entities on privatization of state-owned assets.

Litigation

As one of the largest full-service litigation practices in the country, Hunton Andrews Kurth has long been recognized as a leading provider of legal services with respect to eminent domain proceedings and land use litigation, including experience with greenfield pipeline projects. Our team has significant experience representing both condemning authorities and property owners, enabling them to position their clients for the successful resolution of their condemnation, inverse condemnation and land use disputes. The firm's lawyers have represented public and private clients in connection with thousands of property acquisitions and hundreds of condemnation proceedings for acquisitions including hydrocarbon pipelines, drainage and detention facilities and company’s railroad right-of-way.

Hunton attorneys are experienced in defending government civil enforcement actions and citizen suits. We have successfully assisted clients in defending all types of enforcement actions and initiatives, including internal investigations, document review, litigation preparation, and trial preparation. Our litigation team has represented natural gas pipeline companies in several high-profile cases involving the defense of Clean Water Act Section 401 water quality certifications and Section 404 permits at the federal appellate level.

Our Team

Publications such as The American Lawyer, National Law Journal, Chambers USA, Legal 500 United States, US News Best Lawyers and Global Investigations Review have recognized our practice and lawyers for their successful results and approach to client service. While we appreciate these honors; we measure success by the ultimate satisfaction of our clients.

• Responding to and negotiating resolution of PHMSA enforcement actions for Corrective Action Orders (CAOs), Notices of Probable Violation (NOPVs), Compliance Orders, and Notices of Amendment, including: representing clients at hearings before PHMSA; negotiating the only rescissions of CAOs by PHMSA in the history of the Agency; and guiding clients through PHMSA taskforce and OIG investigations.
• Counseling clients on all aspects of federal and many state regulatory and environmental laws, and helping our clients avoid litigation by advising them on how best to comply, including matters arising under PHMSA regulations (such as issues involving the Special Permits, Integrity Management Program, Operator Qualification, and Corrosion Control Rules); release reporting requirements under the Clean Water Act and other laws; and jurisdictional issues over pipelines on the Outer Continental Shelf involving the Minerals Management Service and Department of Transportation.
• Working cooperatively with NTSB of behalf of pipelines to ensure the development of accurate post accident reports and findings.
• Defending civil and criminal enforcement actions and suits brought by other federal and state government agencies, including EPA and DOJ, as well as class actions and mass tort proceedings brought by private plaintiffs.
• Negotiating favorable resolutions to Natural Resource Damage Assessments.
• Assessing emergency preparedness post 9/11, including counseling on compliance with TSA and DHS critical energy infrastructure guidelines and information sharing procedures.
• Preparing contingency plans and release reporting and response guidelines for clients, as well as assisting in the preparation of vulnerability assessments.
• Recommending ways to structure laws and transactions so as to avoid environmental problems, such as providing National Environmental Policy Act advice with regard to construction and infrastructure expansion projects.
• Assisting with various permitting issues, ranging from PHMSA Special Permits and wetlands permits for repair and expansion projects to air permit issues for pipeline and/or LNG facilities.
• Performing comprehensive regulatory and/or environmental audits to assess clients’ potential liability for identified issues, and suggesting remedial and preventative measures.
• Evaluating risk management and insurance issues that affect pipelines, and obtaining insurance recovery through negotiation or litigation, under property, business interruption, general liability, environmental liability, D&O liability, E&O liability and other insurance policies.