Fred advocates for clients before Congress and federal agencies, devising and executing strategies that advance their interests with regard to legislation, rulemakings and permitting. Success in the federal arena depends on trust, which Fred has built by delivering solutions that blend a keen understanding of a client’s business, the law in question and the policy considerations that underpin it.

Clients trust Fred 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; climate change; environmental risk management; data and privacy; cybersecurity; critical infrastructure and infrastructure permitting; biomass; and waste issues.

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 related bills affecting the use and management of personal information. Fred also has drafted legislation and regulations relating to protection of critical infrastructure. Clients in the financial services arena have called on Fred for his strategic approach toward addressing complex matters involving banking, insurance, money management, real estate, and electronic payments.

Regarding CCUS, Fred has spearheaded the formation of industry groups focused on the expansion of CCUS and chairs the CCUS Consortium’s Legal and Regulatory Committee. He is involved with several CCUS projects, has authored federal CCUS risk management and regulatory legislation, and drafted legislation for several states.

As a respected professional in his field, Fred writes and speaks regularly on issues related to his practice. He is also editor of and a frequent contributor to the firm’s Nickel Report blog.

Relevant 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.
  • Represents energy companies before Congress and federal agencies on key issues, primarily in energy policy and environmental issues.
  • 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.
  • Directed preparation of a national energy strategy on behalf of a prominent business group.
  • 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.
  • Navigated clients through NEPA and other federal and state environmental compliance requirements for construction of a major linear infrastructure project through a National Wildlife Refuge.
  • 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.
  • Directed an effort resulting in enactment of federal legislation to reduce filing burdens and encourage investment in affordable housing.
  • 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.
  • Served as House of Representatives Committee Counsel on Superfund reform, brownfields, and interstate waste and flow control issues and energy and water efficiency.
  • Directed successful a pro bono effort to award the Congressional Gold Medal to the World War II unit known as Merrill’s Marauders.
  • Led House of Representatives negotiations to enact rechargeable battery recycling law.

Memberships

  • Commissioner, Interstate Commission on the Potomac River Basin, 2003–2009
  • Washington Industrial Roundtable

Awards & Recognition

  • Recognized as 2021 Environmental Group of the Year, Law360, January 2022

Insights

Fred’s practice focuses on legislative advocacy and government relations.

Fred’s areas of concentration include government relations, particularly work before the House Committees on Energy & Commerce and Financial Services, and the Senate Committees on Commerce, Energy, and Environment. In commerce and financial services, this includes work on privacy and data security issues, cybersecurity and risk management. In the energy and environmental arenas, it includes work on infrastructure, electric utility law, carbon capture and sequestration, biomass and waste issues.

Relevant Experience

  • Represents a leading information services company on federal legislation on privacy, information security, and related information policy issues.
  • Advises and advocates on behalf of various entities on cybersecurity legislative and regulatory matters at the federal level, including regarding attempts to enact comprehensive cybersecurity legislation in the 112th Congress and implementation of President Obama’s Executive Order on cybersecurity and the preparation of the cybersecurity framework.
  • Represented a small “data broker” on matters related to congressional investigation of commercial data practices.
  • Advises a large client on congressional and FTC investigation of data broker practices.
  • Represented an online electronic payment transaction company on federal regulatory issues.
  • Represented a major e-commerce lending broker on issues regarding industry regulatory structure and competition with brick-and-mortar competitors.
  • Co-founded and leads the CCS Alliance, a multi-industry coalition to promote an appropriate risk management and regulatory structure to encourage development and financing of carbon capture and storage projects. Has prepared federal CCS risk management and regulatory legislation, as well as legislation for several states.
  • Represents electric utilities before Congress and federal agencies on key issues, primarily in energy and environmental areas.
  • Directed preparation of influential national energy strategy policy proposals for a prominent business group.
  • Guided clients through high-profile congressional investigations, including a boardroom privacy matter involving a Fortune 100 company; the 2003 power outage affecting customers in the Northeast, Midwest and Canada; 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.
  • Directed effort resulting in enactment of federal legislation to reduce filing burdens and encourage investment in affordable housing.
  • House of Representatives Committee Counsel on Superfund reform, brownfields, and interstate waste and flow control issues and energy and water efficiency; principal House of Representatives Counsel for rechargeable battery recycling law.

Memberships

  • Commissioner, Interstate Commission on the Potomac River Basin, 2003–2009
  • Washington Industrial Roundtable

Awards & Recognition

  • Recognized as 2021 Environmental Group of the Year, Law360, January 2022

Insights