Pipelines & Terminals
A durable energy infrastructure is critical to fulfilling America’s energy needs as well as preserving its emerging position as a major global energy producer. Downey Brand attorneys work with oil and gas companies on pipelines and storage terminals including permits and entitlements for facility construction and expansion, regulatory compliance, and all aspects of environmental, health, and safety governing this tightly-regulated yet dynamic sector.
Drawing upon decades of experience in environmental compliance and the energy sector, the attorneys at Downey Brand advise and defend oil and gas pipeline and terminal companies on a wide variety of legal matters, from land acquisition and permitting to emergency response and enforcement defense and related litigation.
Downey Brand attorneys assist companies as they seek approval and permits for new projects by navigating a complex web of federal, state, and local laws, rules, and regulations including the National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), Endangered Species Act, Clean Air Act, and Clean Water Act. Our attorneys provide immediate support on emergency response and cleanup of releases from pipelines and terminals and all follow-up government actions and third party claims including natural resource damages, mitigation, and enforcement defense and litigation.
Downey Brand is headquartered in California’s capital with easy access to numerous state agencies, which uniquely positions our attorneys to help resolve state-wide challenges facing the energy development and distribution sectors. We frequently represent our clients before California agencies including Cal-EPA, the Coastal Commission, the California State Fire Marshal, Regional Water Quality Control Boards, California Department of Fish and Wildlife’s Office of Spill Prevention and Response (OSPR), the California Air Resources Board and local air districts, the California Public Utilities Commission, California Office of Emergency Services, and the State Lands Commission.
Our attorneys also have extensive experience working with western regional and Washington D.C. offices of federal agencies that regulate the pipeline industry and energy sector including the Environmental Protection Agency (EPA), Pipeline and Hazardous Materials Safety Administration (PHMSA), U.S. Fish & Wildlife, the Bureau of Land Management, Army Corps of Engineers, U.S. Forest Service, and OSHA.
Selected Experience
- Lead environmental counsel on an oil pipeline project for CEQA/NEPA, permitting, and regulatory issues including AB 864 implementation by the California State Fire Marshall, and multiple federal, state, and local agencies including BLM, U.S. Forest Service, Army Corps of Engineers, U.S. Fish & Wildlife Service, California Department of Parks & Recreation, and California Coastal Commission.
- Defense of a $350 million damages complaint against a Fortune 200 client for alleged property damage and lost use of natural resources from alleged releases at a large petroleum storage facility. The action involved a $60 million clean up under the supervision of the California Regional Water Quality Control Board.
- Supported permitting and land acquisition for large oil and gas pipeline. Addressed concerns regarding safety, impacts to wetlands and wetland species, and impacts to migratory birds. Resolved CalTrans needs regarding right-of-way for needed highway crossing and modified pipeline sizing to accommodate future users without expanding environmental analysis.
- Lead environmental counsel on an oil pipeline project for CEQA/NEPA, permitting, and regulatory issues including AB 864 implementation by the California State Fire Marshall, and multiple federal, state, and local agencies including BLM, U.S. Forest Service, Army Corps of Engineers, U.S. Fish & Wildlife Service, California Department of Parks & Recreation, and California Coastal Commission.
- Defense of a $350 million damages complaint against a Fortune 200 client for alleged property damage and lost use of natural resources from alleged releases at a large petroleum storage facility. The action involved a $60 million clean up under the supervision of the California Regional Water Quality Control Board.
- Supported permitting and land acquisition for large oil and gas pipeline. Addressed concerns regarding safety, impacts to wetlands and wetland species, and impacts to migratory birds. Resolved CalTrans needs regarding right-of-way for needed highway crossing and modified pipeline sizing to accommodate future users without expanding environmental analysis.
- Represented major oil company in connection with terminals extensive remediation matters including related litigation regarding natural resource and development damages claims.
- Successfully defended attempt to shut down crude oil rail storage terminal based on alleged violations of the California Environmental Quality Act.
- Assisted client in responding to reporting requirements and information requests from multiple federal and state agencies in the aftermath of an accidental release.
- Assisted client in response to Corrective Action Orders issued by PHMSA regarding pipeline operations.
- Defended an oil & gas company against an enforcement action relating to crude loading at a marine terminal.
Christian L. Marsh
Christian L. Marsh
Partner / Executive Committee Member
Public agencies and private companies turn to Christian Marsh for advice on regulatory and land use entitlement issues governing real estate developments, ground and surface water supply projects, renewable and non-renewable energy facilities, mining operations and processing plants, and port and waterfront developments.
San Francisco 415.848.4830
Partner
San Francisco 415.848.4830
Megan J. Somogyi
Megan J. Somogyi
Partner / Executive Partner of S.F. Office / Writing Development Program Director
Megan Somogyi specializes in the California Public Utilities Commission and California regulated utilities. She assists clients in a broad array of utility-related matters, including wildfires and power shutoff proceedings, utility certification and ratemaking, nuclear power plant decommissioning, tariff filings, energy industry rulemakings, administrative litigation, and regulatory compliance.
San Francisco 415.848.4829
Partner
San Francisco 415.848.4829
Robert P. Soran
Partner
Sacramento 916.520.5364
Announcements
4 related items-
August 20, 2021Downey Brand Partner Christian Marsh Named Best Lawyers® 2022 “Lawyer of the Year” for Natural Resources Law in San Francisco
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January 15, 2020Downey Brand Names Two New Partners
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December 20, 2017Downey Brand Promotes Four New Counsel
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December 12, 2017Downey Brand Names Six New Partners
In the News
1 related items-
September 6, 2016Easement at Reservoir at Heart of Dakota Access Fight
Greenwire - Energy & Environmental Policy News
Speaking Engagements / Events
1 related items-
October 17-20, 201928th Annual Environmental Law Conference at Yosemite®
Presented by the California Lawyers Association
Legal Alerts
10 related items-
April 18, 2022California Steps Up Its Investigations and Permitting of PFAS
Environmental Law -
January 31, 2022California Natural Gas Utilities Propose New GHG Emissions Reduction Calculation Methodology for Biomethane Projects
Energy Law -
March 29, 2021Latest California State Water Board Investigative Order for PFAS Targets Bulk Fuel Storage Terminals and Refineries
Environmental Law -
October 26, 2020California Pipelines Face New Hurdles As the State Adopts Final Rules to Protect its Coastline
Environmental Law -
April 16, 2020CalEPA Issues Statement on Enforcement and Compliance Requirements During COVID-19 Pandemic
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
March 12, 2020Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance
Environmental Law -
October 28, 2019Revised Draft Pipeline Regulations Will Allow Longer Periods for Compliance and Will Undergo a New Round of Comments
Environmental Law -
October 3, 2019California Fire Marshall Makes Additional Changes to its Proposed Oil Pipeline Safety Regulations
Environmental Law -
May 6, 2019California Office of the State Fire Marshal Announces Expected Delay for New Pipeline Regulations and Provides Other Updates at Annual Safety Seminar
Environmental Law -
March 11, 2019California’s Proposed Requirements to Reduce Pipeline Spills Will Present New Challenges and Burdens for Industry; Comment Deadline is April 2, 2019
Environmental Law
Publications
4 related items-
September 2022D.C. Circuit Upholds FERC’s Approval of Adelphia Pipeline Acquisition Under NEPA
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 11 -
February 2022Great Lakes, Coastal Beaches, and Certain Coastal Waters Further Protected by New Federal Pipeline Rule
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 2, Number 5 -
December 2021California Proposes Setback Requirement for New Oil and Gas Wells – How Does it Measure Up?
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 2, Number 3 and California Land Use Law & Policy Reporter, Volume 31, Number 3 -
June 2021U.S. Circuit Court of Appeals Dismisses City of New York Global Climate Change Lawsuit Against Multiple Multinational Oil Companies
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 9