Kevin Ewing is a natural resources lawyer who helps clients address challenges in “federal” Washington, D.C. He advises chiefly energy and infrastructure companies pursuing development projects, federal authorizations, or changes in agency policy, or responding to Executive Branch inquiries and enforcement. His clients are often involved in offshore exploration and development, natural gas and liquids pipelines, LNG, power transmission and specialty chemicals. Kevin also advises clients seeking material improvements in incident prevention, collaborating with experts in process safety, organizational change and cognitive science.
An area of special focus is environmental corporate disclosure, including shareholder demands and governmental inquiries (such as under the Martin Act) about climate change and hydraulic fracturing. Kevin also has broad experience representing specialty chemical manufacturers and technology innovators with respect to TSCA compliance, auditing, and enforcement defense.
Recent Notable Matters
Halliburton Energy Services, Inc. — federal government investigations concerning the Macondo well control incident
International chemical company — defense of a multimedia, federalstate criminal investigation under the Clean Water Act
Oilfield services and E&P companies — federal policy and regulatory developments affecting energy development, including permitting and financial assurance requirements, liability and enforcement, federal land policies, and the requirements of NEPA and species protection
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 import projects — environmental aspects of LNG storage and regasification projects, including siting, permit strategy, environmental impact assessment, and applications to the Federal Energy Regulatory Commission
Proposed LNG import terminal — comprehensive environmental and safetyrelated negotiations for a proposed LNG terminal in Maine
Offshore LNG facility — defended the appeal of a Deepwater Port Act license (Gulf Restoration Network v. U.S. Department of Transportation, Fifth Circuit, No. 0560321)
Financial investor in power development — environmental permits for undersea transmission cables in Long Island Sound
Midstream energy companies — Presidential permitting for an international transmission line; compliance and jurisdictional issues for offshore pipelines; acquisitions of energyrelated assets and businesses in upstream and midstream; federal permitting for new construction at multiparty owned power generation facilities
Pipeline developers and anchor shippers — numerous inter- and intra-state natural gas and liquids pipelines, including permitting, environmental impact assessment, FERC environmental requirements and related litigation
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
Municipal development agency — environmental aspects of redeveloping a mothballed military base
Major manufacturing companies — environmental risks and regulatory requirements for aspects of decommissioning dozens of manufacturing plants in Europe and the U.S.
Publicly-traded multinational company — redesign of the client’s global environmental auditing system
Publicly-traded energy companies — mandatory and voluntary disclosure to shareholders concerning environmental matters under Regulation S-K, and response to shareholder proxy proposals on environmental issues
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
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 complianceand policy analysis strategies, PMNs, SNUR/SNUNs, exemptions, nanotech approvals, pesticide labeling, and defense in of civil enforcement proceedings
Publications and Speeches
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.
“Oil on Troubled Waters?” One Caribbean - One Response, Port of Spain, Trinidad, September 13, 2012.
“A New Era: A New Gulf,” 2012 KPMG Global Energy Conference, Houston, TX, May 17, 2012.
“Offshore Development: New Rules and Challenges,” Bracewell Oil & Gas Regulatory Symposium, Houston, TX, March 1, 2012.