- International Practice
- Securities Regulation
- Climate Change
- Financial Institutions
- Labor and Employment
- Strategic Communications
- Corporate and Securities
- Financial Restructuring
- Educational Institutions
- Private Funds
- Intellectual Property
- Public Finance
- White Collar Defense
- Environmental Strategies
- Internal Investigations
- Real Estate and Projects
Kevin A. Ewing
Kevin Ewing advises chiefly energy and infrastructure companies concerning natural resources and environmental issues arising from new regulations and agency policies, corporate risk management, and major incidents. His clients are generally involved in offshore exploration and development, transmission siting, gas pipelines, LNG facilities, and highways. Kevin is regularly involved in crisis preparedness and response, representing clients before government investigators, in negotiations with federal agencies, and in internal investigations.
Areas of special focus include offshore E&P, environmental impact assessment, federal leasing and permitting, suspension/debarment, and federal lands policy (and related administrative/civil litigation). Kevin also advises public companies on mandatory and voluntary disclosure of environmental proceedings, investigations and risks, and he assists companies facing shareholder demands and governmental inquiries into disclosures about climate change and hydraulic fracturing. He also has broad experience representing specialty chemical manufacturers and technology innovators with respect to TSCA compliance, auditing and enforcement defense.
Advising leading oilfield services and E&P companies on federal policy and regulatory developments affecting energy development, including new permitting and assurance requirements from the Department of the Interior, shifting liability regimes on the Outer Continental Shelf, government enforcement initiatives, evolving policies concerning shale gas development, and the requirements of NEPA and species protection both onshore and offshore.
Representing a leading oilfield services company with respect to the Macondo well blowout.
Advised on all environmental aspects of two unrelated LNG storage and regasification projects in the Northeastern United States, including permit strategy, environmental impact assessment, and the prosecution of applications before the Federal Energy Regulatory Commission.
Advised on development risk associated with numerous proposed and operating offshore and near-shore energy facilities in the Mid-Atlantic and Northeastern United States.
Advised on contested environmental permits for undersea transmission cables in Long Island Sound.
Advised on Presidential permitting for an international transmission line; on compliance issues and jurisdictional questions for offshore pipelines; on numerous acquisitions of energy-related assets and businesses in upstream and midstream; on federal permitting for new construction at multiparty-owned power generation facilities; and on numerous cogeneration projects across the United States.
Advising pipeline developers and anchor shippers concerning numerous inter- and intra-state oil and gas pipelines, including permitting, environmental impact assessment, FERC environmental requirements, and related litigation.
Defended the appeal of a Deepwater Port Act license for an offshore LNG facility (Gulf Restoration Network v. U.S. Department of Transportation, Fifth Circuit, No. 05-60321).
Represented an international marine shipping company in discussions with the Unified Command and other public and private entities concerning the environmental response to the Macondo well blowout.
Defended a developer in NEPA litigation challenging approvals by the Army Corps of Engineers and National Park Service for community redevelopment projects in southwestern Michigan.
Negotiated comprehensive environmental and safety-related terms for a proposed LNG terminal in Harpswell, Maine.
Advised on the environmental aspects of decommissioning dozens of major manufacturing plants in Europe and the United States.
Advised on the siting and permitting of generation and transmission facilities in several states and across the U.S.-Mexico border.
Negotiated comprehensive contractual and regulatory remedies for an ongoing remediation project on the site of a proposed new energy facility.
Advised a municipal development agency on the environmental aspects of re-developing a mothballed military base.
Compliance Management and Enforcement
Advised on the re-design of a publicly-traded multinational company's global environmental auditing system.
Defended an international chemical company on a multi-media, federal-state criminal investigation under the Clean Water Act.
Defended a civil enforcement proceeding under the Toxic Substances Control Act (TSCA) on behalf of the U.S. subsidiary of an international industrial gas company.
Directed company-wide TSCA audits and advised on related compliance strategies and supply-chain challenges.
Advising several publicly-traded companies with respect to environmental and natural resources issues in periodic filings with the Securities and Exchange Commission, particularly within the energy sector concerning climate change, environmental legal proceedings, and hydraulic fracturing.
Assisted in revising the program for preparing corporate environmental reserves and disclosures by a publicly-traded chemical company.
Advised on mandatory corporate environmental disclosures attending numerous debt and equity offerings.
$1.8 billion acquisition of an international chemical manufacturer with facilities in twenty-two countries producing lubricants, additives, and resins for industrial applications and applications in the food & beverage and personal care areas.
$2.6 billion leveraged acquisition of a multinational paper and forest products company with manufacturing operations throughout Europe, Australia, and United States.
$1.2 billion strategic acquisition of a manufacturer of electrical control/distribution products, with operations in Europe and North and South America and the Caribbean.
$1.3 billion acquisition of a manufacturer of sports equipment and operator of sports centers throughout Europe, Asia, Australia, and United States.
$1.8 billion merger of two fertilizer manufacturers with mines and production facilities in Canada and United States, forming one of the world’s largest integrated fertilizer companies.
Publications and Speeches
Moderator, “Protests, Policies, and Regulations — Impact on Pipeline Development,” Platts Pipeline Development and Expansion Conference, Houston, September 29, 2016.
Co-author, “Wyoming Federal Judge Sides with States Industry, Strikes Down BLM Hydraulic Fracturing Rule,” Oil & Gas Financial Journal, July 15, 2016.
Presenter, “Climate Disclosure – Trends and Drivers,” The American Gas Association’s 2016 Legal Forum, July 11, 2016, Asheville, NC.
Presenter, “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.
Moderator, “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.
Moderator, “Pipelines and Marine Transport — Moving North American Gas and LNG,” Platts 14th Annual Liquefied Natural Gas Conference, Houston, February 26, 2015.
Panelist, “Three Mile Island, Chernobyl, Fukushima: Lessons Learned and Being Learned,” Annual Conference of the International Bar Association, Tokyo, October 19, 2014.
Panelist, “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.
Panelist, "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 large international energy company (2011, 2012, 2013).
Panel Moderator, "Pipeline Opposition - New Strategies Being Used to Slow and Stop Projects," Platts 8thAnnual Pipeline Development & Expansion Conference, TX, September 18, 2013.
Panelist, "Oil on Troubled Waters?," One Caribbean - One Response, Port of Spain, Trinidad, September 13, 2012.
Panelist, "A New Era: A New Gulf," 2012 KPMG Global Energy Conference, Houston, TX, May 17, 2012.
Panelist, "Offshore Development: New Rules and Challenges," Bracewell Oil & Gas Regulatory Symposium, Houston, TX, March 1, 2012.
Co-author, "Climate Change Industry Overview," Chambers USA 2010-2011 Edition.
Co-author, "Climate Change and Environmental Law," Environmental Law Handbook, 21st ed. 2011, Government Institutes.
Lead author, "Enforcement and Liability," Environmental Law Handbook, 18th ed., 2005, and 19th ed., 2007, 21st ed., 2011, ABS/Government Institutes.
Panelist, "Managing Offshore Drilling Risk in the United States and Europe," Tenth Annual Conference on EU, Portuguese and American Law: Developments in Energy Law, Catholic University’s Columbus School of Law, Washington, D.C. April 8, 2011.
Panelist, "Reporting & Disclosure: Getting the Numbers Right," Point Carbon: Carbon Market Insights Americas (CMIA) 2010, New York City, NY, November 2010.
Panelist, "Carbon Accounting: Building the Knowledge Base for a Clean Energy Economy," Center for Strategic & International Studies, June 24, 2010.
Panelist, "Climate Risk in Financial Institutions," Sustainability Knowledge Network Climate Change Day, International Finance Corporation, Washington, D.C., May 26, 2010.
Author, "SEC's Puzzling Pronouncement on Climate Change," Corporate Counsel, March 25, 2010.
Panelist, "Climate Change Disclosure: The Elephant Takes Flight?" Texas Environmental Superconference, Austin, TX, August 2009.
Author, "Bankruptcy Buyer Beware," The Deal, July 17, 2009.
Panelist, "Climate/Carbon Disclosure - The View Before the Storm," The Auditing Roundtable National Meeting, San Antonio, Texas, April 21, 2009.
"The Federal GHG Registry - A First Look," The Auditing Roundtable National Meeting, San Antonio, Texas, April 21, 2009.
Panelist, "Progress Toward Establishing a Federal Greenhouse Gas Inventory Reporting System," Annual National Conference on New Developments in Climate Change Regulation and Policy, March 2009.
Panelist, "Climate Change Disclosure & Governance: A Post-Election Perspective," AICPA & PDI National Oil & Gas Conference, November 11, 2008.
Panel Moderator, "Climate Change and Corporate Investment: A Survival Guide for Transactional Lawyers", District of Columbia Bar, April 2008.
Instructor, "Environmental Aspects of Corporate Transactions," In-house seminars, 1994-present.
LL.M., University of Heidelberg, 1993
J.D., Georgetown University Law Center, 1991
B.A., cum laude, Yale University, 1988
District of Columbia
Past Chair, Advisory Council of the Women's Council on Energy and the Environment
Washington Institute of Foreign Affairs
Board of Directors, AmericaSpeaks
Legalease, The Legal 500 United States, Energy: Regulatory, 2016
Champion Award, Women's Council on Energy and the Environment
Burton Award for Legal Achievement, 2005