Fuels

Keller and Heckman offers an integrated, cross-disciplinary team of lawyers and in-house scientists to address environmental regulatory and litigation matters confronting the fuels industry. Our lawyers assist clients with legal requirements applicable to the development and distribution of new fuels and fuel additives; advise on compliance and management issues related to hydraulic fracturing; counsel clients on global regulatory issues affecting renewable and alternative energy development; and aggressively represent clients in fuel-related enforcement matters and toxic tort suits. We also have extensive experience with import/export regulations and transportation safety requirements impacting fuels.

Regulatory advocacy: We regularly advise industry trade associations on the development and implementation of strategies to effectively protect industry interests during federal and state rulemakings, including the development of cost-benefit analyses, drafting comments, and filing petitions for reconsideration before regulatory agencies and for review in the courts.

Regulatory compliance: Keller and Heckman attorneys assist industrial clients with facility permitting and environmental regulatory compliance issues, including those arising under the Clean Air Act (CAA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), and state and local programs. We advise clients on the Center for Veterinary Medicine (CVM) and the Association of American Feed Control Officials (AAFCO) listings for biomass byproducts. Our attorneys also advise clients on new chemical substance notification and other requirements under the Toxic Substances Control Act (TSCA) and similar requirements in jurisdictions around the world.

Commercial transactions: We advise fuel industry clients on environmental liabilities and indemnifications in commercial transactions, including product transportation, distribution and blending services. We also advise fuel industry clients on emergency management issues, including compliance with requirements concerning risk management plans (RMP), spill prevention control and countermeasures (SPCC), facility response planning, and chemical site security.

The firm's scientific expertise encompasses disciplines most likely to be implicated in the development and distribution of petroleum and alternative-based fuels, including toxicology, chemistry, human health and environmental risk assessments, and chemical fate and transport. Our interdisciplinary approach, coupled with a focus on achieving efficient and superior results for our clients, has led many in the fuels industry to turn to us for assistance.

Representative Matters:

• Assisted an oil and distribution company with nationwide audit of fuel regulation compliance
• Advised biodiesel and gasoline producers on compliance with renewable fuel standard (RFS and RFS2) regulations, specifically providing advice related to Renewable Identification Number (RIN) transactions and use of the Environmental Protection Agency (EPA) Moderated Transaction System (EMTS)
• Prepared federal filings for submission to EPA under TSCA for production strains used in the manufacture of fuels and fuel additives, including microbial commercial activity notices (MCANs), TSCA Environmental Release Applications (TERA), and Tier I and Tier II filings
• Defended an owner/operator in leaking underground storage tank case (LUST) involving gasoline contamination, and represented a petroleum company in another LUST case securing a seven-figure indemnity from the insurance carrier
• Represented chemical and oil and gas industry clients in enforcement actions and negotiated settlements under CAA, CWA, RCRA, and the Underground Injection Control (UIC) Program
• Defended industrial and utility clients in toxic tort litigation, including against claims of groundwater and air contamination, personal injury and property damage, medical monitoring, and related statutory violations
• Represented companies in Superfund cost recovery and contribution actions, and insurance cost recovery activities, and negotiated voluntary cleanup efforts with regulatory authorities
• Advised shippers and carriers of bulk fuel and specialty chemicals on compliance with U.S. Department of Transportation (DOT) hazardous materials regulations, including secured letters of interpretation, special permits, and competent authority approvals
• Assisted oil and natural gas companies and other energy clients in obtaining necessary radio station authorizations from the Federal Communications Commission (FCC) to support exploration, production and distribution activities in the U.S.

Please contact fuels@khlaw.com for more information.

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