Advises clients in the natural gas, oil and products pipeline industries in federal regulatory, litigation and transactional matters.
Focuses on the NGA, NGPA, ICA and NEPA.
Provides strategic advice to pipeline companies appearing before FERC.

Emily counsels clients in the natural gas, oil and products pipeline industries in federal regulatory, litigation and transactional matters. She helps her clients understand and comply with their obligations under energy and environmental laws, with particular focus on the Natural Gas Act (NGA), Natural Gas Policy Act (NGPA), Interstate Commerce Act (ICA) and National Environmental Policy Act (NEPA).

Emily frequently assists developers of and investors in some of the largest midstream infrastructure projects in the United States, including greenfield and repurposed pipelines, underground natural gas storage facilities, and liquefied natural gas (LNG) import and export terminals.

In addition, Emily has provided strategic advice to over a dozen pipeline companies appearing before the Federal Energy Regulatory Commission (FERC) in rate case, certificate and enforcement proceedings. She also has experience with proceedings before the Texas Railroad Commission and the federal courts, and in advising energy industry and trade association clients working through emerging issues in energy and natural resources law, including carbon capture and sequestration, and renewable natural gas.

Emily writes and speaks frequently on pipeline, energy regulatory and environmental justice issues. Earlier in her career, Emily practiced energy law at another global law firm and prior to that with a FERC regulatory specialty firm.

Representative Work

Represented a natural gas storage provider before FERC seeking market-based rates under NGPA section 311.
Represented a natural gas pipeline before FERC and the U.S. Bankruptcy Court in an industry-leading matter concerning FERC jurisdiction over the rejection of NGA-regulated transportation services agreements by a debtor in bankruptcy.
Represented a natural gas pipeline in an NGA section 4 rate case proceeding that included the development of a modernization tracker to recover pipeline safety and environmental regulatory costs.
Represented a natural gas pipeline in its first NGA section 4 rate case proceeding, resulting in a favorable negotiated settlement.
Represented the owner of a natural gas-fired electric generation facility in its efforts to interconnect its plant line to two major natural gas pipelines in order to wheel gas while remaining compliant with FERC rules governing interstate service on Hinshaw pipelines.

Represented a trade association before the D.C. Circuit in a proceeding that focused on FERC’s NEPA review of downstream greenhouse gas emissions in natural gas pipeline certificate projects.
Assisted a hub-services provider in Texas with obtaining market-based rates from FERC for transportation services provided under section 311 of the NGPA.
Represented a pipeline that delivers crude oil from the Permian Basin to the Houston Gulf Coast in a hearing proceeding at FERC on challenges by its anchor shipper to expansion shippers’ prorationing policy and contract rates, while advising the pipeline in a parallel proceeding at the Texas Railroad Commission.
Provided regulatory due diligence on transactions concerning natural gas, crude oil and products pipelines transporting commodities from strategic supply basins throughout the United States.
Represented a natural gas pipeline company before FERC in an NGA section 4 rate case proceeding that resulted in the company’s first uncontested settlement.
Represented natural gas pipeline projects in obtaining their NGA section 7 certificate authorization from FERC while orchestrating strategic responses to project opponents.
Represented a natural gas pipeline company in its efforts to convert segments of its system from natural gas to natural gas products transportation by providing counsel on NEPA and NGA section 7 matters as well as the converted pipeline’s common carrier obligations under the ICA.
Represented a natural gas pipeline in a litigated acquisition premium dispute before FERC and on brief before the D.C. Circuit Court of Appeals.
Represented a new crude oil pipeline located in Texas and Oklahoma before FERC, which included a Petition for Declaratory Order on the pipeline’s rate and tariff structure, the crafting of tariff language and the drafting of open season materials, transportation services agreements and other transactional documents.

List may include matters worked on prior to joining Akin.

Represented a trade association before the D.C. Circuit in a proceeding that focused on FERC’s NEPA review of downstream greenhouse gas emissions in natural gas pipeline certificate projects.
Assisted a hub-services provider in Texas with obtaining market-based rates from FERC for transportation services provided under section 311 of the NGPA.
Represented a pipeline that delivers crude oil from the Permian Basin to the Houston Gulf Coast in a hearing proceeding at FERC on challenges by its anchor shipper to expansion shippers’ prorationing policy and contract rates, while advising the pipeline in a parallel proceeding at the Texas Railroad Commission.
Provided regulatory due diligence on transactions concerning natural gas, crude oil and products pipelines transporting commodities from strategic supply basins throughout the United States.
Represented a natural gas pipeline company before FERC in an NGA section 4 rate case proceeding that resulted in the company’s first uncontested settlement.
Represented natural gas pipeline projects in obtaining their NGA section 7 certificate authorization from FERC while orchestrating strategic responses to project opponents.
Represented a natural gas pipeline company in its efforts to convert segments of its system from natural gas to natural gas products transportation by providing counsel on NEPA and NGA section 7 matters as well as the converted pipeline’s common carrier obligations under the ICA.
Represented a natural gas pipeline in a litigated acquisition premium dispute before FERC and on brief before the D.C. Circuit Court of Appeals.
Represented a new crude oil pipeline located in Texas and Oklahoma before FERC, which included a Petition for Declaratory Order on the pipeline’s rate and tariff structure, the crafting of tariff language and the drafting of open season materials, transportation services agreements and other transactional documents.

List may include matters worked on prior to joining Akin.

Education
J.D., Duke University School of Law, 2007
Graduate Certificate, Duke University, 2007
B.A., Washington University in St. Louis, with honors, 2002

Bar Admissions
District of Columbia
Virginia

Recognitions

The Legal 500 US, Energy Transactions: Oil and Gas, 2024.
Chambers Global, Energy: Oil and Gas (Regulatory & Litigation), 2024.
Chambers USA, Nationwide Energy: Oil and Gas (Regulatory & Litigation), 2020-2024.

Affiliations and Public Service

Co-chair, Professional Education Council, Energy Bar Association
Member, Section on Environment, Energy and Resources Law, American Bar Association
Member, Women’s Council on Energy and the Environment

Speeches and Publications

Author, "Remove This Doubt - High Court Ruling in 'Chevron Deference' Challenge Could Upend Energy Regulations," RBN Energy, January 5, 2024.
Speaker, "The History and Purpose of FERC," Energy Bar Association's Practices Steering Committee Webinar, November 29, 2023.
Speaker, “Top Takeaways from FERC’s Recent Open Commission Meeting,” FERC Professionals Group Webinar, October 27, 2022.
Moderator, “Energy Projects Permitting Deep Dive: Understanding Key Environmental Permits in Light of Proposed Permitting Reforms,” Energy Bar Association 2022 Mid-Year Energy Forum, Washington, D.C., October 11, 2022.
Speaker, “The Enforcement Angle: The Federal Energy Regulatory Commission,” Environmental Law Institute, People Places Planet Podcast, June 22, 2022.
Speaker, “FERC Policies and Greening the Grid,” EIC Investor Conference, West Palm Beach, FL, May 17, 2022.
Speaker, “Five Things to Know About the Energy Infrastructure Industry in 2022,” Energy Infrastructure Council Interview, May 2022.
Speaker, “Environmental Justice in Energy Development and Transition,” Energy Bar Association 2021 Rocky Mountain Virtual Chapter Annual Meeting, June 24, 2021.
Speaker, “Energy Infrastructure Post-Hoopa,” Energy Bar Association 2019 Mid-Year Energy Forum, Washington, D.C., October 15, 2019.
Speaker, “Modernization Trackers, Recent FERC Filings & Trends,” Interstate Pipeline Regulatory Committee Annual Meeting, Buffalo, NY, September 25, 2019.
Moderator, “Status of Western US/California Capacity and Deliverability,” S&P Global Platts 17th Annual Gas Storage Outlook Conference, Houston, TX, January 10–11, 2019.
“Challenges in Major Project Development,” Northwest Gas Association’s 2016 Annual Energy Conference, Stevenson, WA, June 9, 2016.