The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
For more than 30 years, Catherine D. Little has counseled oil and gas pipeline, storage, and LNG clients across the United States on traditional and renewable energy, transportation, and safety-related legal matters at federal, state, and local levels. At the forefront of cutting-edge legal issues for this industry, including with respect to energy transition—carbon dioxide and hydrogen in particular—Catherine and her team regularly assist clients in navigating complex regulatory compliance and enforcement defense matters, which encompass construction, operations, maintenance and inspection, incident response, and security issues.
Catherine also routinely advises clients on litigation strategy, policy, legislative, and rulemaking developments and frequently manages compliance audits and confidential internal and governmental investigations. As to the latter, Catherine and her team have favorably resolved criminal investigation matters led by the Department of Transportation Office of Inspector General and DOJ, and they have successfully challenged administrative agency actions at the federal appellate level.
In addition, Catherine regularly serves as a moderator and speaker at legal and industry conferences and seminars across the United States. She has also written several articles, chapters, and editorials on compliance and regulatory issues.
Describe your practice area and what it entails.
I advise oil and gas pipeline, storage, and LNG clients across the United States on traditional and renewable energy, transportation, and safety-related legal matters at federal, state, and local levels. My work focuses on complex regulatory compliance and enforcement defense matters—including at the appellate level—which encompass construction, operations, maintenance and inspection, incident response, and security issues. I also regularly counsel clients on litigation strategy, policy, legislative and rulemaking developments and frequently manage compliance audits and confidential internal and governmental investigations.
What types of clients do you represent?
My clients generally comprise primarily owners and/or operators of large interstate oil and gas pipeline, storage, and LNG facilities. Many of them operate the largest and most complex systems in the United States.
What types of cases/deals do you work on?
Generally, I oversee complex regulatory compliance and enforcement defense matters—ranging from construction, operations, maintenance, and inspection to incident response and security issues—arising out of the laws and regulations administered by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) and its state partners.
How did you choose this practice area?
This practice area chose me in many respects. I was initially an environmental lawyer, and I was involved in a number of environmental matters for several interstate oil pipeline companies. Those representations evolved to encompass pipeline safety matters. Out of those initial representations, the practice expanded to include gas pipelines and LNG facilities and grew into the national practice it is today.
What is a “typical” day like and/or what are some common tasks you perform?
A “typical” day involves developing strategies for a client’s enforcement matter, which can include preparing for meetings with PHMSA, planning for a hearing, and identifying necessary research. This process often involves internal coordination calls with my team as well as external communications with the client. I also spend time analyzing new rules proposed by the agency and considering their potential impact on our client base. My day might include calls with clients to discuss new matters and provide counsel on managing compliance issues, as well as drafting written communications to address client requests for strategic and legal advice.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
For an administrative practice, Administrative Law is the essential foundation, but beyond that, I recommend being curious (listening and asking questions), reading (trade press and recent cases or decisions), offering to prepare alerts on new developments, and approaching assignments in such a way that allows you to take the time to understand background and context so that you can build your knowledge and retention.
What is the most challenging aspect of practicing in this area?
The pipeline and LNG industry is dynamic: It is constantly changing and innovating (look at the energy evolution!). In some respects, the government and its laws and regulations do not always keep pace; in others, the government seeks to go beyond what is achievable with new laws and regulations. Navigating these issues for proposed or existing pipeline and LNG facilities can be complex from a litigation, regulatory, policy, legislative, or rulemaking perspective.
What do you like best about your practice area?
I love that this practice is challenging—for the reasons set forth above! Developing successful strategies for our clients’ success is incredibly rewarding.
What is unique about your practice area at your firm?
Bracewell is steeped in work for the energy industry, and as a result, our pipeline safety work crosses over with and is relevant to many other specialties within the firm: Federal Energy Regulatory Commission oil and gas regulatory work, environmental, litigation, project finance, M&A, insurance defense, etc. The ability to work alongside our colleagues in different capacities allows us to better represent our clients in a more holistic and efficient manner, which is beneficial to clients and rewarding for us.
How do you see this practice area evolving in the future?
Pipeline and LNG safety will remain relevant, given our country’s continuing need for energy and the fact that pipelines remain the safest way to deliver that energy—safer than truck, rail, or barge. While oil and, especially, gas will continue to be the cornerstones of the strategy to meet energy needs in the United States, the energy evolution to capture and transport alternative fuels and thus work toward reductions in greenhouse gases, such as carbon dioxide and hydrogen, will result in additional growth in the industry.