Overview
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:
- Wholesale and retail marketers
- Municipalities
- Industrial end-users
- Natural gas storage companies
- Renewable natural gas project developers
- Liquefied natural gas project developers
- Producers
- Local distribution companies
- Power marketers
- Interstate and intrastate pipelines
- Electric utilities
- Renewable power developers
- Qualifying facilities
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. Ranked by Chambers USA for his regulatory work in both electricity and oil and gas, Joseph is described in the 2021 edition of Chambers USA, as being “[d]eeply knowledgeable,” with “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. * No aspect of these advertisements have been approved by the highest court of any state. See Awards Methodology.
Experience
Natural Gas
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
Electricity
Served as a lead due diligence counsel in support of hundreds of millions of dollars of tax equity investments in multiple solar portfolios
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
Education and Credentials
Education
- The George Washington University Law School, J.D., 1993
- Wesleyan University, B.A., with Honors, 1988
Admissions
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- State of Connecticut
- District of Columbia
Affiliations
- Energy Bar Association (EBA), Natural Gas Regulation and Compliance and Enforcement committees
- American Bar Association, Section on Public Utility, Communications and Transportation Law
- Northeast Energy and Commerce Association, Board of Directors
Recognition and Community
No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome. See Awards Methodology.
Recognitions
Chosen for inclusion in The Best Lawyers in America (Woodward/White, Inc.) for Energy Law, 2023-2025, Energy Regulatory Law, 2025
Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) of recognized practitioners for Energy: Electricity (Regulatory & Litigation) Nationwide, 2010-2024
Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) of recognized practitioners for Energy: Oil & Gas (Regulatory & Litigation) Nationwide, 2021-2024
Chosen for inclusion in the Chambers Global (Chambers & Partners) for Energy: Electricity (Regulatory & Litigation), 2016-2024
Chosen for inclusion in the Chambers Global (Chambers & Partners) for Energy: Oil & Gas (Regulatory & Litigation), 2021-2024
Recipient of a Day Pitney Coleman Award for his commitment to pro bono and public service, 2022
Selected to the list of Washington, D.C. Super Lawyers (Thomson Reuters), Energy and Natural Resources, 2013-2016, 2018-2024
In The Media
Media Mention
- Day Pitney Latest Firm To Add Energy Talent With 30-Year Vet, Law360, November 20, 2024
- Day Pitney Announces New Leadership Appointments, CityBiz, April 2, 2024
- Day Pitney Announces Leadership Changes, Law360 Pulse, April 2, 2024
- Day Pitney Brings on Energy Atty with Regulatory Focus, Law360, October 11, 2023
- The Power of Experience Leveraging Senior Attorneys, Washington Lawyer, march/april 2022
- GHG Ruling Won't Thwart FERC Pipeline Review Shift, Law360, February 16, 2022
- Major Gap,' Gas Industry FERC Petitions Stoke NEPA Concerns, E&E News, September 22, 2021
- Fuel shippers seek U.S. review of 'excessive' Colonial Pipeline rates, Reuters, December 8, 2017
- Perry's FERC Grid Pricing Plan Would Roil Energy Markets, Law360, September 29, 2017
- Skeptical Courts May Undermine Trump's Energy Project Push, Law360, August 23, 2017
- 1st Circ. Bolsters State Powers in Gas Pipeline Reviews, Law360, March 21, 2017
- LNG projects could face new scrutiny if US invokes 'protect the public' clause, S&P Global Market Intelligence, February 9, 2017
- For rebuffed Jordan Cove LNG, pipeline was the stumbling block at FERC, S&P Global Market Intelligence, December 12, 2016
- Pipeline Fights May Determine Scope Of Climate Reviews, Law360, October 6, 2016
- NY Nuke Plant Subsidies Will Likely Face Legal Battle, Law360, August 2, 2016
- FERC has 'tools' to expand LNG reviews, environmental lawyer tells court, SNL Gas Week, April 27, 2016
- D.C. Circuit to Hear Oral Arguments on Dominion LNG Facility, Bloomberg BNA, April 19, 2016
- Court 'more likely than not' to uphold FERC's Cove Point LNG review, S&P Global Market Intelligence, April 12, 2016
- Jordan Cove LNG export project 'in limbo' after FERC rejection, SNL Energy's Daily Gas Report, March 24, 2016
Speaking Engagements
- Speaker, "The Challenges of Natural Gas Abundance," Energy in the Northeast Conference, September 9, 2013, September 9, 2013
- Speaker, "Becoming Bilingual: Gas and Electric Industry Background Session," Energy Bar Association Western Chapter Meeting, November 2012, November 1, 2012
- Speaker, Oil & Gas Investment Symposium, Independent Petroleum Association of America, New York, NY, April 2011, April 1, 2011
- Speaker, "The Future of Natural Gas," Argyle Executive Forum's 2010 Leadership in Oil & Gas, Houston, Texas, May 2010, May 1, 2010