Brandon Tuck

Advises on environmental aspects of preparing, filing, and prosecuting certificate applications at the Federal Energy Regulatory Commission involving new and expansion projects for major interstate natural gas pipelines, including compliance with the National Environmental Policy Act, the Clean Water Act, and the Endangered Species Act

Represents multiple midstream companies and various investing interests with interstate and intrastate natural gas, crude oil, carbon dioxide, and other pipeline development projects in states such as Texas, Oklahoma, Louisiana, North Dakota, Ohio, Pennsylvania, West Virginia, and Wyoming, including completing required species and cultural resource consultations and obtaining permits from numerous state and federal agencies, and resolving issues arising under statutes such as the Clean Water Act, National Historic Preservation Act, Endangered Species Act, and National Environmental Policy Act

Advises various energy, infrastructure, transportation, and industrial companies on permitting and development strategies and obtaining authorizations from multiple districts of the U.S. Army Corps of Engineers, including jurisdictional determinations, individual permits and nationwide permit verifications under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, Section 408 reviews under Section 14 of the Rivers and Harbors Act, and required NEPA, ESA, and NHPA reviews and consultations

Advises on permitting and project development for deep sea mining activities under the Deep Seabed Hard Mineral Resources Act (DSHMRA), including exploration licenses and commercial recovery permits

Representing a deep sea mining company in company acquisitions and general corporate and regulatory advice in relation to deep sea mining activities

Representing a deep sea mining company in applying for exploration licenses and commercial recovery permits from the National Oceanic and Atmospheric Administration for activities in areas beyond national jurisdiction

Advises developers and investors on project development and permitting issues for offshore wind development off the East Coast of the United States, including requirements, reviews, and consultations under the Outer Continental Shelf Land Act, Clean Water Act, NEPA, ESA, NHPA, and the Marine Mammal Protection Act

Successfully defended, in federal district court and the fifth circuit, a client’s Clean Water Act Section 404 and Rivers and Harbors Act Section 10 permit, issued by the U.S. Army Corps of Engineers, against NEPA and Clean Water Act challenges brought to stop dock expansion at an existing Gulf Coast marine terminal

Advised a project developer on NEPA, ESA, and NHPA issues in support of lithium mining on federal lands

Represented a marine terminal operator in resolving litigation brought by a neighboring submerged lands owner under novel theories of trespass to enjoin dredging and dredge material placement activities

Represented an energy company in defeating landowner and environmental challenges in federal district court to construction of a pipeline under a U.S. Army Corps of Engineers nationwide permit

Represented national trade group as amicus in federal district court litigation challenging validity of U.S. Army Corps of Engineers’ nationwide permit program for energy pipeline infrastructure

Represented the developer of a west coast liquefaction facility and pipeline on federal environmental permitting matters, including permitting under the Clean Water Act and the Rivers and Harbors Act (i.e., Section 404/10 and Section 408 authorizations), reviews under the National Environmental Policy Act, and consultations under the Endangered Species Act and the National Historic Preservation Act

Represented client in obtaining presidential permit from the Federal Energy Regulatory Commission for a cross-border gas pipeline, and assisted in securing various federal authorizations (including the U.S. Army Corps of Engineers and Mexico International Boundary and Water Commission) and completing required consultations (including Endangered Species Act section 7 consultation)

Represented the developer of an LNG terminal in Pennsylvania to export LNG by truck and rail on environmental permitting and natural resources matters

Represented LNG company on environmental and natural resource permitting issues associated with the development of facilities to enable power generation units at Puerto Rico to utilize natural gas

Assisted in successfully defending client against an appellate challenge to a U.S. Fish and Wildlife Service biological opinion issued for a proposed LNG terminal and supply pipeline

Assisted in successfully defending against the rounds of appellate challenge to a Clean Water Act permit issued by the U.S. Army Corps of Engineers for a proposed LNG terminal and supply pipeline

Represented a residential home developer in favorably resolving a citizen suit brought in federal district court involving allegations of wetlands destruction without a permit from the U.S. Army Corps of Engineers under the Clean Water Act

Advises multiple energy, commercial, and residential developers negotiating the purchase of credits from mitigation banks to address impacts to streams, wetlands, and protected species

Represented a commercial developer in successfully resolving enforcement brought by the U.S. Army Corps of Engineers over alleged wetland fill in violation of Section 404 of the Clean Water Act, enabling development to proceed without penalty

Represented a residential developer in resolving an enforcement action brought by the Environmental Protection Agency alleging unauthorized filling of wetlands, resulting in an agreed order with no penalties and no additional obligations beyond the measures the company had already taken

Defended several national midstream oil and gas affiliate companies from suspension actions brought by the Environmental Protection Agency’s Suspension and Debarment Division arising from a pipeline spill of crude oil, resulting in termination of the suspension

Defended a major chemical manufacturing company and affiliate from suspension and proposed debarment actions brought by the Environmental Protection Agency’s Suspension and Debarment Division arising from an alleged release of ammonia, obtaining a favorable result for the client

Assisted in defending an energy company from federal criminal enforcement under the Clean Water Act relating to an explosion at an offshore facility in the Gulf of Mexico

Defended a meat packing operation from judicial and administrative enforcement under state law stemming from wastewater discharge issues

Defended a meat packing operation from suspension and debarment actions brought by the Environmental Protection Agency’s Suspension and Debarment Division for wastewater discharge issues, resulting in no suspension or debarment action

Assisted in defending small businesses and small business owners charged with water pollution and hazardous waste disposal violations

Assisted in counseling a major oil company regarding a federal investigation relating to refinery emissions, including managing the collection, review, and production of documents, and preparing witnesses for depositions

Represented a real estate developer in cost-recovery litigation involving allegations of soil contamination from historical asbestos manufacturing facility

Represented a bank in arbitration against an environmental consulting firm regarding remediation of chlorinated solvents at an industrial facility

Prepared detailed comments for an oil and gas midstream company’s use in Council on Environmental Quality rulemaking regarding NEPA Phase 2 revisions

Prepared detailed comments for an oil and gas midstream company’s use in Council for Environmental Quality rulemaking regarding analysis of greenhouse gas emissions and climate change effects under NEPA

Prepared multiple sets of detailed comments for a midstream gas company’s use in Federal Energy Regulatory Commission dockets regarding its Certificate Policy Statement and Greenhouse Gas Policy Statement

Prepared detailed comments for an energy company on environmental justice issues for use in the Federal Energy Regulatory Commission docket regarding its Greenhouse Gas Policy Statement

Prepared detailed comments for an energy trade association’s use in U.S. Army Corps of Engineers rulemaking for the reissuance of Nationwide Permit 12

Prepared detailed comments for an environmental and energy policy group’s use in U.S. Army Corps of Engineers rulemaking for the reissuance of the Corps’s nationwide permits

Prepared detailed comments for a national electric utility trade association’s use in the Rural Utilities Service’s rulemaking regarding agency procedures to implement NEPA

Advises energy, industrial, and commercial clients on environmental matters related to acquisitions, divestitures, financing, equity and debt offerings, and development projects

Advised investors in several acquisitions involving multi-billion dollar offshore wind projects off the East Coast of the United States

Advised project developers of critical minerals (lithium) mining in transactions with the Department of Energy, including associated environmental review and consultation obligations

Acted as environmental counsel on several strategic land and pipeline acquisitions supporting a multinational energy logistics company’s development of midstream and downstream assets in the Eagle Ford Shale