Emily P. Mallen
Partner
Areas of Focus
- Energy Regulation, Markets & Enforcement
- Infrastructure & Transportation
- Energy Transition
- Liquefied Natural Gas
- Midstream Oil & Gas
- Carbon Capture, Utilization & Storage
- Hydrogen
- Oilfield Services
- Oil & Gas
- Project Development
- Refining, Petrochemicals & Processing
- Upstream Oil & Gas
- Projects & Energy Transition
- Renewable Energy
- Bioenergy
- Energy Disputes
- Environment & Natural Resources
- Environmental Permitting & Approvals
- Environmental, Social & Governance (ESG)
- Private Capital
- 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.
- 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.
EducationJ.D., Duke University School of Law, 2007
Graduate Certificate, Duke University, 2007
B.A., Washington University in St. Louis, with honors, 2002
J.D., Duke University School of Law, 2007
Graduate Certificate, Duke University, 2007
B.A., Washington University in St. Louis, with honors, 2002
Bar AdmissionsDistrict of Columbia
Virginia
District of Columbia
Virginia
- 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.
- 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
- Moderator, “Gas Asset Finance & Investment 2024,” Infocast Projects & Money, January 19, 2024.
- 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.