Beveridge & Diamond, P.C.’s Oil & Gas practice assists clients ranging from major oil refiners to small oil and natural gas producers to pipeline companies, in matters as large as the global development of new drilling technologies and nationwide enforcement actions, and as small as obtaining individual well permits. Our practice in this sector covers all aspects of environmental regulation and enforcement, and involves issues under the Clean Air Act (PSD/NSR, MACT, Title V, NSPS, Benzene and Asbestos NESHAPs), the Clean Water Act (stormwater permitting, oil spill prevention, release reporting), RCRA (E&P exemption analysis, NORM evaluations), CERCLA, EPCRA, auditing, remediation, environmental impact review/NEPA, and wetlands, as well as land use, zoning, and other related real estate issues. We also advise clients on matters involving oil and gas development on public lands onshore and on the Outer Continental Shelf, involving issues under the Mineral Leasing Act, the Outer Continental Shelf Lands Act and the Federal Oil and Gas Royalty Management Act. At the international level, the Firm has advised clients on marine spill and pollution control requirements and matters arising under the Law of the Sea (LOS).
Attorneys in Beveridge & Diamond's Oil & Gas practice have decades of experience in all aspects of the industry. Several of our attorneys have previously worked as in-house counsel for oil refineries, natural gas producers, and pipeline companies, in a number of different states across the nation, and held senior positions with federal government agencies that regulate the industry. Our in-depth knowledge and understanding of this industry allow us to solve problems quickly and cost-effectively, without the delays and costs occasioned by a “learning curve” in a new industry.
The Firm’s compliance assistance practice focuses on permitting and compliance issues, typically under the Clean Air Act. We routinely assist clients large and small in applicability and compliance determinations under PSD/NSR, NSPS, MACT standards (both the refinery MACT and the natural gas production/transmission MACT), and several NESHAPs. We routinely assist clients large and small in developing a Title V permitting strategy, negotiating appropriate permit terms, challenging unreasonable state and EPA additions, and reviewing and submitting deviation reports and compliance certifications. We have undertaken numerous facility audits, and negotiated resolutions of potential violations discovered through this process with EPA and the states involved. We also actively participate in the rulemaking process on behalf of a number of clients.
Our project development work for the oil & gas industry has involved a number of pipelines and new wells, from planning through permitting through construction. We have worked with EPA, FERC, and a variety of state regulators to address wetlands, sediment and erosion control, and NEPA/environmental impact review issues, as well as land use and other related issues. As part of the permitting and approval process for new facilities, we frequently negotiate permit terms and compliance obligations under a variety of federal and state programs, from the air issues discussed above to RCRA and UIC programs. We have also assisted with a variety of acquisitions within the industry.
The Firm's federal oil and gas practice focuses on the royalty management and offshore leasing and management program of the Minerals Management Service and the onshore oil and gas program of the Bureau of Land Management.
Our litigation practice involves all aspects of our compliance and project development practice. We have challenged improper EPA rulemakings, negotiated settlements and dismissals of civil and criminal enforcement actions at the federal and state levels, staved off citizens’ suits, defended against class actions for claims arising from alleged MTBE contamination, handled claims resulting from the violation of acquisition agreements, and defended against site remediation claims. Our attorneys have considerable experience with regulatory matters and with administrative and federal court litigation involving the minerals program of the Department of the Interior.
Our international practice has addressed overseas environmental impact assessment and compliance for explorational production in Latin America and the North Sea.