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

Events & Speaking Engagements

  • January 16, 2024
    Event
    Speaker
    CCUS Projects & Environmental Law: The US Regulatory Landscape, EUCI Course
  • December 13, 2023
    Event
    Speaker
    CCUS Risk Management, US Energy Association
  • December 7, 2023
    Event
    Speaker
    CCUS and Wholesale Electricity Markets, University of Houston Center for Carbon Management in Energy
  • December 5, 2023
    Event
    Speaker
    CCUS Federal Policy Developments, Midland CO2- EOR Conference
  • July 8, 2023
    Event
    Speaker
    Federal Issues Affecting the Electric Sector, Southern States Energy Board Carbon Management Meeting, Charleston, SC
  • July 8, 2023
    Event
    Presenter
    Carbon Management Workshop (Electric Sector) (Energy) (CCUS), Southern States Energy Board
  • May 16, 2023
    Event
    CCUS Risk Management Panel, US Energy Association
  • March 15, 2023
    Event
    Presenter
    CCUS: Incentives and Policy Issues, IEA Coal Industry Advisory Board
  • March 9, 2023
    Event
    Presenter
    Legal Issues in CCUS, Center for Law and Policy
  • December 19, 2022
    Event
    Panelist
    Energy Symposium on Investing in Carbon Capture, Utilization and Storage Projects, MirageNews.com
  • December 8, 2022
    Event
    Co-organizer and Panelist
    CCUS Risk Management symposium, University of Houston, Houston, TX
  • December 6, 2022
    Event
    Speaker
    Midterm Election Results and CCUS, CO2-EOR Conference, Midland, TX
  • September 8, 2022
    Event
  • August 25, 2022
    Event
    Speaker
    Solution or Pollution? Carbon Capture and Storage on Public Lands as a Tool for Decarbonization, American Bar Association
  • July 19, 2022
    Event
    Speaker
    Key Takeaways from Future of Global Energy Virtual Sessions, Black Hot Fire Network
  • June 30, 2022
    Event
  • April 8, 2022
    Event
    Speaker
    Carbon Capture and Storage, Allegheny College
  • March 31, 2022
    Event
    Speaker
    Legal and Regulatory Report, CCUS Commercialization Consortium
  • February 10, 2022
    Event
    Speaker
    Carbon Capture and Storage – Overview and Policy Issues, The Center for Law and Policy Energy Summit
  • December 8, 2021
    Event
    Presenter
    CCUS Risk Management, Carbon Management Workshop
  • November 3, 2021
    Event
  • April 15, 2021
    Event
  • April 14, 2021
    Event
    Speaker
    Unlocking the Energy Transition With the Keys to Carbon Capture Utilization and Storage, U.S. Energy Association
  • April 14, 2021
    Event
    Speaker
    Carbon Capture Utilization and Storage: Challenges and Opportunities, Plains CO2 Regional Partnership
  • April 13, 2021
    Event
    Speaker
    Carbon Capture Utilization and Storage: Challenges and Opportunities, US Energy Association
  • March 18, 2021
    Event
    Speaker
    Panel opportunity for the Energy Infrastructure Council on Biden Administration policies, 2021 EUCI Investor Conference
  • January 25, 2021
    Event
    Speaker
    Uncovering Newly Passed Omnibus Legislation and Finalized 45Q Regulations Affecting CCUS, U.S. Energy Association
  • December 8, 2020
    Event
    Presenter
    Election 2020: Impacts on Federal Environmental Law and Policy, Carbon Management Workshop
  • November 19, 2020
    Event
    Presenter
    Politics and Policy Summit, Election 2020: Impacts on Federal Environmental Law and Policy, Environmental Business International
  • November 11, 2020
    Event
  • August 19, 2020
    Event
    Speaker
    The Virtual CCUS (Carbon Capture, Utilization and Storage) Roadshow, South and Southwest Regional Issues, U.S. Energy Association
  • June 4, 2019
    Event
  • April 3, 2019
    Event
  • December 4, 2017
    Event
    Presenter
    “Carbon Capture, Utilization and Storage in the 115th Congress,” Carbon Management Workshop, CO2-EOR Conference, Midland, TX
  • February 28, 2017
    Event
    Presenter
    President Trump’s Energy and Environmental Agenda: Objectives, Challenges, and Outcomes, Global America Business Institute
  • February 27, 2017
    Event
    Presenter
    Cybersecurity in the Electricity Sub-sector: Cyber Threats and the Law, American Public Power Association Annual Meeting
  • February 8, 2017
    Event
    Moderator
    Congressional Outlook on CCS, Global CCS Institute Annual Meeting
  • December 1, 2016
    Event
  • September 30, 2016
    Event
    Panelist
    Carbon Regulation and Clean Power, SMITH's High Yield Municipal Bond Conference, Greenwich, CT
  • April 4, 2016
    Event
  • October 5, 2015
    Event
    Speaker
    Nortex Biennial CO2 for EOR as CCUS Symposium
  • October 1, 2015
    Event
    Speaker
    Environmental Business International Summit
  • August 24, 2015
    Event
    Speaker
    Ecology & Environment Summit on EPA Clean Power Plan
  • June 10, 2015
    Event
    Speaker
    U.S.-Norway Bilateral on Fossil Fuels
  • May 19, 2015
    Event
    Speaker
    VCEA 36th Annual Conference
  • May 1, 2015
    Event
    Speaker
    Update: Congress and CCUS, The Annual CCUS Conference
  • November 5, 2013
    Event
    Speaker
    Economic and Environmental Regulation of Capture, Transport and Storage, Carbon Sequestration Leadership Forum Ministerial Roundtable, Washington, DC
  • September 30, 2013
    Event
    Speaker
    CCS Legal and Regulatory Issues, Congressional Staff Briefing, Washington, DC

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

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