David McCullough is a member of Sutherland's Energy and Environmental Practice Group. David regularly counsels clients on environmental policy developments affecting the petroleum and renewable fuel industry, such as fuel specifications required by the Environmental Protection Agency under the Clean Air Act, greenhouse gas (GHG) reporting requirements, renewable fuel mandates and oil spill liability.
Prior to joining Sutherland, David was an associate in the environmental and energy practice of a large international law firm where he worked on both corporate and litigation matters involving a range of environmental issues related to energy resources, facilities and development. This work frequently involved providing advice on compliance with the current state of regulatory and legislative developments related to renewable energy development, climate change and greenhouse gas emissions. David has provided advice on environmental laws impacting the development of onshore and offshore energy facilities, including the National Environmental Policy Act (NEPA), the Oil Pollution Act (OPA), the Coastal Zone Management Act (CZMA), the Endangered Species Act, the Clean Water Act and the Clean Air Act.
Representative Experience
David's recent representative experience includes:
· Providing analysis and compliance counseling for importers, blenders, producers and traders of petroleum and renewable fuel on U.S. Environmental Protection Agency (EPA) Mobile Source issues including reformulated gasoline (RFG) and conventional gasoline (CG) programs, the Ultra Low Sulfur Diesel (ULSD) program, the Renewable Fuel Standard (RFS) program, Renewable Identification Number (RIN) credits, and related commercial and policy issues.
· Counseling multiple clients on California's low carbon fuel standard (LCFS) including compliance issues associated with generating credits, high carbon-intense bulk commodities and assessment of potential adoption by the federal or state governments.
· Advising and counseling on EPA enforcement proceedings and program audits under the Mobile Source program.
· Performing environmental and energy regulatory due diligence for the acquisition and financing of energy assets, including natural gas storage facilities and pipelines as well as geothermal, hydroelectric, solar and wind facilities.
· Providing advice on the siting and development of a liquefied natural gas terminal, including compliance with the National Environmental Policy Act and the Coastal Zone Management Act.
· Developing strategies to minimize the potential risks to hydroelectric assets resulting from the listing of salmon and associated habitat under the Endangered Species Act.
· Assisting in obtaining environmental permits and liability protections for biomass, wind and solar energy projects.
· Counseling clients on resolving historic environmental liabilities under the Comprehensive Environmental Response, Compensation, and Liability Act.
· Providing advice to an insurer on the development of insurance products related to climate change.
Recent Publications
· Co-author, "The Current State of California's Low Carbon Fuel Standard," OPIS White Papers (February 2012)
· Co-author, "Power Failure," The Deal Magazine (October 29, 2010)
· Co-author, "The Indirect Regulation of Climate Change: Federal Agencies Respond to Congressional Inquiries," Bloomberg Corporate Law Journal (July 2008)
· Co-author, "Global Warming Brings Change Outside of the Legislative Spotlight," National Law Journal (July 2008)
Industries
Crude Oil and Refined Products
News
US refiners scrutinize biodiesel producers in wake of bogus credits
February 28, 2012
Legal Alerts
Legal Alert: EPA Issues Enforcement Policy on Use of 2010 and 2011 Biomass-Based Diesel Renewable Fuel Credits
March 20, 2012
Legal Alert: EPA Issues Notice of Violation of the Renewable Fuel Standard for Generation of 48 Million Fraudulent RINs Worth Approximately $62 Million
February 2, 2012
Legal Alert: EPA Issues Notices of Violation of the RFS to Twenty-Four Parties
November 7, 2011
Publications
The Current State of California's Low Carbon Fuel Standard
February 2012 OPIS White Papers