Kevin A. Ewing

Representative Matters

Energy
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 policy with respect to shale gas development, and the requirements of NEPA and species protection onshore and offshore.

Representing a leading oilfield services company with respect to the Deepwater Horizon blowout.

Advised on all environmental aspects of two (unrelated) LNG storage and regasification projects in the Northeastern United States, including as to 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 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 many other matters.

Project Development
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 blowout.

Defended developer in NEPA litigation challenging approvals by the U.S. Army Corps of Engineers and the National Park Service for the construction of a community redevelopment project in southwestern Michigan.

Negotiated comprehensive environmental and safety-related terms for a proposed LNG terminal in Harpswell, Maine.

Advised on contested environmental permits for undersea transmission cables in Long Island Sound.

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 contractual and regulatory remedies for an ongoing remediation project on the site of a proposed new energy facility.

Advised on wetlands-related permitting for the "greenfield" development of a power plant in the Southwestern United States.

Advised a municipal development agency on the environmental aspects of re-developing a mothballed military base.

Advised on numerous cogeneration projects across the United States. 

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. 

Corporate Disclosures
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.

Advising numerous 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.

Corporate Transactions
$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

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, "Carbon Accounting: Building the Knowledge Base for a Clean Energy Economy," Center for Strategic & International Studies, June 24, 2010.

Co-author, "Climate Change Industry Overview," Chambers USA 2010-2011 Edition.

"SEC's Puzzling Pronouncement on Climate Change," Corporate Counsel, March 25, 2010.

"Bankruptcy Buyer Beware," The Deal, July 17, 2009.  

"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.  

"Progress Toward Establishing a Federal Greenhouse Gas Inventory Reporting System," Annual National Conference on New Developments in Climate Change Regulation and Policy, March 2009.

"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.

Lead author, "A Primer on Mandatory Corporate Environmental Disclosure," ABA SEER Annual Meeting, Keystone, 2006.

Lead author, "Corporate Environmental Disclosure: New Challenges for In-House Counsel," Corporate Governance Advisor, May/June 2005.

Lead author, "Corporate Environmental Disclosures: Old Complaints, New Expectations," Business Law International, September 2004.

Panelist, "Current Considerations in Corporate Environmental Reporting," ABA SEER's 35th Annual Environmental Conference, Keystone, 2006.

"Corrective Action: An Advanced Workshop," Advanced RCRA Institute, 1999, 2001, 2002, 2003 and 2004.

"Environmental Aspects of Corporate Transactions," In-house seminars, 1994-present.