EMILY PITLICK MALLEN counsels clients in the natural gas, oil and products pipeline industries in federal regulatory 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), the Natural Gas Policy Act (NGPA), the Interstate Commerce Act (ICA) and the National Environmental Policy Act (NEPA). Emily has provided strategic advice to pipelines in over a dozen NGA Section 4 and 5 rate case proceedings. She works with in-house counsel to shepherd pipeline projects through the NGA Section 7 certificate process and provides advice on day-to-day regulatory compliance matters before the Federal Energy Regulatory Commission (FERC). She also has experience with proceedings before the Texas Railroad Commission and the federal courts, and advising energy industry and trade association clients working through emerging issues in energy and natural resources law.
Emily writes and speaks frequently on pipeline, energy regulatory, and environmental justice issues. She was recognized by the 2020 edition of Chambers and Partners USA as Up and Coming in the area of Energy: Oil & Gas (Regulatory & Litigation). Prior to joining Sidley, Emily practiced with a FERC regulatory specialty firm, working with over a dozen regulated pipeline companies.
Emily’s experience, including prior to joining the firm, includes:
- Representing 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.
- Representing a natural gas pipeline in a NGA section 4 rate case proceeding that included the development of a modernization tracker to recover pipeline safety and environmental regulatory costs.
- Representing a natural gas pipeline in its first NGA section 4 rate case proceeding, resulting in a favorable negotiated settlement.
- Representing 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.
- Representing 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.
- Assisting a hub-services provider in Texas with obtaining market-based rates from FERC for transportation services provided under section 311 of the NGPA.
- Representing 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.
- Providing regulatory due diligence on a number of transactions concerning natural gas, crude oil and products pipelines transporting commodities from strategic supply basins throughout the U.S.
- Represented a natural gas pipeline company before FERC in a 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.