Joseph Fagan, the Managing Partner of the DC office, represents natural gas and electric clients alike on energy regulatory, litigation, contractual and transactional matters, and frequently provides assistance on enforcement, government investigations, corporate compliance, ratemaking, project development, asset acquisitions and all other matters associated with the regulated power and gas markets.
Joseph's clients have included:
Joseph has represented clients for over 25 years in federal, appellate and district court litigation, and before the Federal Energy Regulatory Commission (FERC) and the Department of Energy (DOE) in a broad range of matters including rate, enforcement, permitting and import/export issues.
According to the 2021 edition of Chambers USA, Joseph is "[d]eeply knowledgeable," and "has a real mastery of the law." He is also described as "[a] very skilled and effective litigator with broad legal skills."
Joseph frequently speaks and writes about pertinent energy industry topics. He is a past member of the Board of Directors of the Charitable Foundation of the Energy Bar Association.
Represented a nonprofit agency in litigation and negotiations with natural gas suppliers arising from Winter Storm Uri in February 2021
Represented a natural gas marketer in negotiating a series of complex and politically sensitive LNG supply and exchange agreements with the municipal utility of a major Northeastern city
Successfully represented a coalition of two dozen Midwestern municipalities in a contested FERC pipeline rate proceeding
Represented an energy company in various compliance, regulatory and certificate matters concerning its FERC-regulated natural gas asset
Served as lead outside counsel to various shippers in the negotiation of commercial agreements with interstate natural gas companies proposing pipeline expansion and lateral projects
Served as lead outside counsel to an LNG company on FERC and DOE regulatory matters
Provided regulatory and due diligence advice in client acquisition of CNG fueling station portfolio
Served as lead outside counsel to several FERC-regulated natural gas storage companies on certificate, audit, enforcement, rate and tariff matters
Served as lead outside counsel to a New England stakeholder group seeking solutions to regional natural gas/electric interdependency issues
Served as lead outside counsel to a state-regulated anchor shipper in the negotiation of transportation and negotiated rate agreements with two different interstate natural gas companies proposing pipeline expansion projects in the Northeastern United States
Served as Co-FERC counsel to an LNG company in conjunction with the regulatory and commercial issues associated with the commissioning and placing into service of a Gulf Coast LNG import terminal and its associated interstate natural gas pipeline
Served as lead outside counsel to an electric utility in the negotiation of long-term natural transportation and supply agreements for a 637 megawatt combined-cycle gas-fired power plant in Utah
Served as lead outside counsel for natural gas storage company seeking to develop FERC-jurisdictional 30 Bcf natural gas storage facility in Liberty County, Texas
Represented the Chief Executive Officer of a hedge fund in natural gas enforcement proceedings at FERC
Served as lead outside FERC counsel on numerous acquisitions and financings of natural gas assets
Served as lead outside counsel on behalf of shippers in numerous FERC rate and tariff proceedings
Represented company and several of its employees as lead outside counsel in FERC enforcement investigation into alleged improper bidding activity in a wholesale capacity market auction
Represented two witnesses in FERC enforcement investigation into alleged regulatory and tariff violations associated with the operational availability of a new power plant
Represented stakeholders at FERC and in the United States Circuit Courts of Appeals in litigation involving the distribution of refunds and the development of remedies related to the failure of the California wholesale electric markets in 2000/2001
Served as co-counsel in FERC enforcement proceeding (and related D.C. Circuit appeal) targeting an individual trader for alleged violations of electric market behavior rules
Served as lead outside counsel in a successful effort to obtain rate incentives for a proposed $6 billion electric transmission project on behalf of one of the nation's largest electric utilities
Represented merchant generation developers on regulatory matters in conjunction with asset acquisitions and divestitures
Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) as a leading energy electricity attorney Nationwide, 2010-2021
Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) as a leading energy oil & gas attorney Nationwide, 2021
Chosen for inclusion in the Chambers Global (Chambers & Partners) for energy: electricity (regulatory & litigation), 2016-2021
Selected to the list of Washington, D.C. Super Lawyers (Thomson Reuters), Energy and Natural Resources, 2013-2016, 2018-2021
No aspect of these advertisements has been approved by the highest court of any state. See Awards Methodology.