Overview
Fred advocates for clients before Congress and federal agencies. Clients trust him for his insightful and practical know-how acquired from years spent as Counsel to the US House of Representatives Energy and Commerce Committee. That experience significantly informs his advocacy in the energy and environmental arena, where he works on electricity and energy policy; carbon capture, utilization, and storage (CCUS); electric transmission and generation issues; climate change; environmental risk management; data and privacy; cybersecurity; and critical infrastructure and infrastructure permitting. Fred is skilled at devising and implementing legislation, rulemaking, and permitting strategies integrating an understanding of a client’s business, the law, and the policy considerations that underpin it.
Fred maintains a diverse practice, assisting clients in a myriad of data, privacy, technology, and security issues. He has worked extensively on privacy and data breach notice and security legislation, and a variety of bills affecting the use and management of personal information. Fred also has drafted legislation and regulations relating to protection of critical infrastructure.
Regarding CCUS, Fred has practiced in this area for nearly 20 years. He spearheaded the formation of industry groups focused on the expansion of CCUS and chairs the CCUS Consortium’s Legal and Regulatory Committee. He advises on CCUS projects, has authored federal CCUS risk management and regulatory legislation, and drafted legislation for several states.
Fred writes and speaks regularly on issues related to his practice. He is also an editor of and a frequent contributor to the firm’s Nickel Report blog.
Experience
- Led a multi-industry coalition to promote the development and financing of carbon capture and storage projects.
- Authored federal CCUS risk management and regulatory legislation and drafted legislation for several states.
- Advises a large US utility company on Section 45Q tax credits, reporting under the GHG reporting rule, and regulations under the SWDA UIC program.
- Provides a major US energy company with advice and counseling regarding federal legislation and policy on energy matters, including climate change.
- Represents leading information services companies on federal legislation on privacy, breach notice, information security, and related information policy issues.
- Led a utility industry coalition effort to gain federal provisions promoting transmission infrastructure expansion, needed to support electric reliability and competitive markets, and advises clients on federal role in electric transmission siting and in obtaining federal environmental reviews and approvals for transmission projects.
- Guided clients through high-profile congressional investigations, including investigations of the 2003 power outage affecting customers in the Northeast, Midwest, and Canada; a boardroom surveillance controversy; and a nuclear safety investigation.
- Brought about congressional review of barriers to competition in the real estate industry and their effects on consumers, where residential market fees exceed $60 billion annually.
- Assisted an electric utility in obtaining a Department of Energy 202(c) emergency declaration and timely approvals for new infrastructure to preserve reliable electric power supply for Washington DC; advised other energy industry clients on 202(c) emergency declarations and related policy.
- Negotiated statutory provisions resolving a key Superfund liability conflict for Fox River cleanup, where damages were expected to exceed $200 million.
- Led House of Representatives negotiations to enact rechargeable battery recycling law.
Accolades
Honors & Recognitions
- Recognized as 2021 Environmental Group of the Year, Law360, January 2022
Affiliations
Professional
- Commissioner, Interstate Commission on the Potomac River Basin, 2003–2009
- Washington Industrial Roundtable
Insights
Legal Updates
Events & Speaking Engagements
Publications
Blog Posts
News
Education
JD, The George Washington University, 1994
BA, Allegheny College, Alden Scholar; Academic All American, 1986
Admissions
District of Columbia
Government Service
Counsel, House Committee on Energy & Commerce for Representative Mike Oxley
Legislative Director, US Representative Paul Gillmor
Press Secretary, Ohio Senate
Commissioner, Interstate Commission on the Potomac River Basin