Susan represented more than 15 companies in RIN enforcement proceedings that led to the implementation of the EPA’s Interim Enforcement Policies and Quality Assurance Program, as well as refiners and importers facing enforcement actions under the broader mobile source program. Susan led the representation of a renewable fuel trader that EPA alleged exported renewable fuel without retiring RINs. Susan is a sought-after speaker on regulatory and agency actions, is quoted frequently on fuels issues, and co-authored a white paper for the Bipartisan Policy Center entitled “Options for Reforming the Renewable Fuel Standard.”
In addition, Susan works with clients to develop risk management and mitigation tools to address potential spills or releases that may occur when transporting and storing products like crude oil, distillates, liquefied natural gas and coal. She has helped her clients navigate crude-by-rail matters, including the new regulatory requirements and responses to some of the largest accidents involving crude oil shipped by rail. To this end, as a member of Eversheds Sutherland (US)'s Crisis Management team, Susan helps clients navigate crises and develop legal response strategies tailored to each specific situation.
To learn more, please visit the Eversheds Sutherland (US) Crisis Response & Incident Investigation website .
Awards and Rankings
Singled out as the “Best Law Firm” in the RINs Market by Environmental Finance Magazine (2017)
Recognized by The Legal 500 United States in the area of energy: regulatory (2015)
“I handle environmental work that involves the importing, blending and trading of gasoline and diesel, as well as the importing, producing and trading of renewable fuels and the credits that go along with them. We help companies verify that the RINs, or LCFS credits, they generate or buy are valid.
Advised multiple energy clients on matters involving California's low carbon fuel standard (LCFS).
Aided multiple clients on EPA enforcement proceedings.
Helped international renewable diesel producer obtain first EPA foreign producer registration.
Counseled a renewable fuel producer on purchase of a production facility.
Represented energy services provider for its biogas and collection facility.
Advised client on federal and state biofuel mandates.
Advised clients on GHG rules and compliance.
Advised fuel traders on IMO and EPA vessel emission regulations.
Counseled clients on oil spill risk and liability.
Counseled energy clients on transportation and renewable fuel compliance.
Helped multiple clients with EPA enforcement matters.
“I enjoy the client interaction. It’s not just interpreting the regulations and talking to the regulators. It’s working with clients to make sure their business needs are being met and they can do what they need to do to grow their business-while still fulfilling their regulatory commitments.”
Legal Alert: House bill proposes tax credit extensions for renewable energy, biodiesel and alternative fuels and other energy tax provisions (November 30, 2018)
On November 26, the House of Representatives released a tax bill (Extenders Bill) that, if enacted, would extend certain tax credits for the renewable energy and alternative fuels industries and ...
Legal Alert: EPA to limit RFS markets and restrict RIN trading - Potential unintended consequences for refiners, renewable fuel producers, and RIN traders (October 25, 2018)
Earlier this month, the White House directed the US Environmental Protection Agency (EPA) to draft and propose rules that would reform and restrict the trading of renewable identification numbers ...
Legal Alert: Texas grand jury indicts Arkema and company executives over Hurricane Harvey emissions (August 15, 2018)
On August 3, 2018, a grand jury in Houston, Texas, indicted chemical manufacturer Arkema North America, Inc. (Arkema), its CEO and a manager at the manufacturer’s Crosby, Texas, plant on criminal ...
Legal Alert: Despite DOI policy reversal on incidental takes, project developers still face risk of criminal liability under MBTA (April 3, 2018)
At the end of 2017, the Department of the Interior (DOI) announced that it will no longer pursue criminal enforcement for “incidental takes” under the Migratory Bird Treaty Act (MBTA). The change in ...
Legal Alert: Waters of the United States: update on recent developments (February 14, 2018)
So far, 2018 has produced a wave of legal developments in the water arena, each of which could affect when permits are required or how liability may arise for activities impacting US waters. The ...
Legal Alert: Energy tax extenders package passed (February 13, 2018)
The Bipartisan Budget Act of 2018 (2018 BBA) passed by Congress and signed into law on February 9, 2018, extends and changes tax credits for the renewable energy, alternative fuels and nuclear energy ...
Legal Alert: Environmental Protection Agency’s new read on standards for sources of hazardous air pollutants (February 6, 2018)
On January 25, 2018, the Environmental Protection Agency (EPA) issued a guidance memorandum reversing its 1995 “once in, always in” policy interpreting Clean Air Act (CAA) Section 112 to require ...
Legal Alert: 2018 Outlook on the Clean Power Plan (January 12, 2018)
Heading into 2018, undoing the Clean Power Plan, the Obama Administration’s signature regulation for addressing climate change, remains a high priority under the Trump Administration. While 2017 was ...
Legal Alert: Tax Extender Act of 2017 Proposes Changes for Renewable and Nuclear Power, Alternative Fuels and Other Energy Tax Provisions (January 5, 2018)
The Tax Extender Act of 2017 (Extenders Bill) would, if enacted, extend and change tax credits for the renewable energy, alternative fuels and nuclear energy industries, and also would make other ...
Legal Alert: Jones Act Waiver Extended in the Wake of Irma and Harvey (September 13, 2017)
In the wake of fuel shortages arising from Hurricanes Irma and Harvey, Tuesday evening the US Customs and Border Protection (Customs) extended and expanded its September 8 waiver of the coastwise ...
Despite Recent Waivers, Jones Act Will Weather the Storm (October 18, 2017)
The Jones Act, which requires the use of a US-built, -crewed and -owned vessel to ship cargo between two US ports, is a much beleaguered or much heralded law depending on who you ask. It is one of ...
Rising Pressure For Renewable Fuel Credit Market Inquiries (August 8, 2016)
In their article published by Law360, Sutherland attorneys Susan Lafferty, David McCullough and Ryan Weiss discuss the Renewable Fuels Association’s request for the U.S. Environmental Protection ...
The Plaintiffs Are Coming: Preparing for the New Wave of Benzene Exposure Litigation against Refineries, Storage Facilities and Product Owners (March 2015)
Published in Hart Energy's FUEL Magazine. Copyright Hart Energy 2015.
For many years, the petrochemical industry has faced legal challenges relating to exposure to certain chemical compounds, including benzene. These challenges generally are mounted by workers ...
The Environmental Protection Agency’s Authority to Amend the Renewable Fuel Standard (March 2014)
Prepared for the Bipartisan Policy Center
In their paper for the Bipartisan Policy Center, Susan Lafferty and David McCullough analyze how the Environmental Protection Agency (EPA) could amend the Renewable Fuel Standard (RFS) absent a ...
Cow Power: Beneficiary of the Natural Gas Boom? (March 6, 2013)
The Current State of California's Low Carbon Fuel Standard (February 1, 2012)
OPIS White Papers
Who's In Charge of Carbon Markets? (July 2008)
Reprinted with permission Public Utilities Fortnightly
“I try to complement and assist in-house lawyers or internal compliance teams with environmental compliance matters. Oftentimes, they need someone with extensive experience in a certain area-like RINs or time charterer liability-and that is where we fill in the gap.”
OPIS RFS2/RINs/Biodiesel Forum (October 1-3, 2018)
Eversheds Sutherland (US) is a proud Gold sponsor for the 10th Annual OPIS RFS2/RINs/Biodiesel Forum in Chicago, IL. Eversheds Sutherland attorneys Susan Lafferty and David McCullough present ...
RFS/RIN Reform: What can Congress or EPA do? (March 15, 2018)
Goldman Sachs Conference Call
Eversheds Sutherland attorneys Susan Lafferty and David McCullough present “RFS/RIN Reform: What can Congress or EPA do?” via conference call to Goldman Sachs and clients of Goldman Sachs Global ...
Renewable Natural Gas (RNG) Conference (November 27-30, 2017)
Eversheds Sutherland (US) is a proud sponsor of the Tuesday and Wednesday evening receptions at the Renewable Natural Gas (RNG) Conference. Susan Lafferty speaks on the panel “RFS Tomorrow - Reset & ...
2017 ACC Annual Meeting (October 15-18, 2017)
Eversheds Sutherland is a proud sponsor of the Association of Corporate Counsel’s Annual Meeting, October 15-18, 2017, in Washington, DC. The ACC Annual Meeting is the largest gathering of in-house ...
Examining the Legal Landscape Ahead for the RFS (October 2-4, 2017)
2017 OPIS RFS 2/RINs/Biodiesel Forum
Eversheds Sutherland (US) is a proud Gold sponsor for the 2017 OPIS RFS 2/RINs/Biodiesel Forum. Eversheds Sutherland Partner Susan Lafferty will present “Examining the Legal Landscape Ahead for the ...
Biofuels: Regulations, Enforcement and Court Actions (September 13, 2017)
RIN Alliance Energy Conference
Eversheds Sutherland attorney Susan Lafferty presents “Biofuels: Regulations, Enforcement and Court Actions” at the RIN Alliance Energy Conference in Des Moines, IA on September 13, 2017.
Webcast: Unlocking Biogas - Opportunities and Legal Obstacles Posed by the RFS (June 29, 2017)
National Association of Clean Water Agencies
Eversheds Sutherland (US) attorneys Susan Lafferty and Paul Freeman present “Unlocking Biogas - Opportunities and Legal Obstacles Posed by the RFS” a webcast hosted by the Energy Workgroup of the ...
The Shifting Tides of Fuel and Environmental Regulation Under the Trump Administration (May 19, 2017)
ABA Petroleum Marketing Attorneys' Meeting
Eversheds Sutherland (US) Partner Susan Lafferty presents “The Shifting Tides of Fuel and Environmental Regulation Under the Trump Administration” at the ABA Petroleum Marketing Attorneys’ Meeting ...
OPIS RFS2, RINs & Biodiesel Forum (September 29, 2016 - September 30, 2016)
Sutherland is a proud Silver Sponsor of the OPIS RFS2, RINs & Biodiesel Forum on September 20-30, 2016, in Chicago, Illinois.Sutherland attorneys Susan Lafferty and Paul Freeman present Walking ...
The Impact of Washington and the 2016 Elections on Energy Policies, Politics and Markets (May 10, 2016)
Executive Energy Policy Forum
Sutherland Partners Jacob Dweck, Susan Lafferty, David McCullough and Amish Shah present on various topics including “From Well to Wheel: US Domestic Policies Affecting US Oil and Gas,” “Wrapped in ...
In the News
2018 Outlook on the Clean Power Plan (January 16, 2018)
Eversheds Sutherland’s legal alert, 2018 Outlook on the Clean Power Plan, is featured in this Breaking Energy article.
EPA Likely to Meet November RVO Deadline but Finalized Numbers Uncertain: Lafferty (October 3, 2017)
OPIS Biofuels News
Eversheds Sutherland Partner Susan Lafferty is featured in this OPIS Biofuels News article regarding the Environmental Protection Agency (EPA) striving to meet its November 30th deadline for ...
Jones Act Waiver Extended in the Wake of Irma and Harvey (September 15, 2017)
Eversheds Sutherland’s legal alert, “Jones Act Waiver Extended in the Wake of Irma and Harvey,” is featured in Breaking Energy.
RFS Observers Ponder EPA’s Next Moves in Wake of Court Ruling (August 7, 2017)
OPIS Biofuels News
Eversheds Sutherland (US) Partner Susan Lafferty is quoted in this OPIS Biofuels News article discussing a US Court of Appeals for the District of Columbia Circuit decision that ruled the ...
Outlook on the Future of the Renewable Fuel Standard (August 26, 2016)
Sutherland Partners David McCullough and Susan Lafferty are featured in this Barron’s article discussing the future of the Renewable Fuel Standard (RFS). Among other things, the article notes that ...
US RFS Compliance Mechanism Questioned (August 22, 2016)
Platts Oilgram News
Sutherland Partner Susan Lafferty is quoted a Platts Oilgram News article regarding the possible manipulation in the Renewable Identification Number credits (RINs) market and the likelihood of an ...
Sutherland Attorneys Manage Wind, Gas and Oil Deals (December 4, 2015)
In an article published by the Daily Report, a number of Sutherland attorneys in Atlanta, Houston, New York and Washington DC are recognized for handling three energy deals in wind, natural gas and ...
Nine Career-Building Moves for (Young) Lawyers (September 22, 2015)
Partner Susan Lafferty is quoted in a Bisnow article regarding her panel discussion on how young lawyers can get ahead in the competitive legal industry at the Women’s Bar Association of the District ...
U.S. Government Struggles to Define Condensate (June 5, 2015)
Partner Susan Lafferty is mentioned in an Argus article regarding the U.S. crude oil export ban and her attempt to get further clarification on an official processed condensate definition from the ...
Law360 Names Attorneys Who Moved Up the Firm Ranks in Q1 (April 15, 2015)
Sutherland attorneys Michael Gurion, Susan Lafferty, Lisa Morgan, Aaron Payne, John Shipman and Kevin Thomas were mentioned in this Law360 article for being elected partner, effective January 1, 2015.
Eversheds Sutherland Named Best Law Firm in RINs Market for Second Consecutive Year (December 17, 2018)
For the second year in a row, Eversheds Sutherland has been singled out as the “Best Law Firm” in the Renewable Identification Numbers (RINs) category by Environmental Finance magazine. RINs are the ...
Environmental Finance Magazine Names Eversheds Sutherland “Best Law Firm” in RINs Market (December 15, 2017)
Eversheds Sutherland is pleased to announce that it has been singled out as the 2017 “Best Law Firm” in the Renewable Identification Numbers (RINs) category by Environmental Finance Magazine. Now in ...
Sutherland Represents Freepoint Commodities in Joint Acquisition of St. Croix Oil Storage Terminal (December 2, 2015)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that the firm represented commodities merchant Freepoint Commodities LLC, in a joint venture with private equity firm ArcLight Capital ...
14 Sutherland Practice Areas, 62 Attorneys Named Among Nation’s Best in 2015 Legal 500 United States (June 4, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 14 practice areas and 62 attorneys have been ranked in the 2015 edition of The Legal 500 United States, a ...
Sutherland Elects Six New Partners (January 6, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce the election of six new partners, effective January 1, 2015. “I am honored to welcome our colleagues into the ...
Webcast: EPA’s Renewable Fuel Standard (RFS): What to Expect in 2014 (March 20, 2014)
Sutherland Attorneys Susan Lafferty and David McCullough present “EPA’s Renewable Fuel Standard (RFS): What to Expect in 2014” on March 20, 2014 via webcast. EPA’s RFS Program mandates the use of ...
Webcast: RINs and the CFTC - Calls for Oversight and Enforcement of the Renewable Fuel Standard (October 30, 2013)
Sutherland attorneys Greg Kaufman, Susan Lafferty, David McCullough and Stephen Tsai are speaking on a webcast, “RINs and the CFTC - Calls for Oversight and Enforcement of the Renewable Fuel ...
Webcast: RINs, Renewable Fuel, Congress and EPA - Oh My! (May 16, 2013)
Sutherland attorneys Susan Lafferty and David McCullough, along with Tara Billingsly of Goldwyn Global Strategies, LLC, presented a webcast discussing how the skyrocketing RIN prices and Renewable ...
Member, Energy Bar Association
Member, Women's Council on Energy and the Environment
Member, Renewable Energy Section, American Bar Association
Member, Climate Change, Science and Technology Section, American Bar Association
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