Joshua Runyan advises clients with respect to the construction, operation, and maintenance of major transportation and energy projects, including pipeline and railroad. He works closely with a variety of federal and state agencies on the regulatory, permitting, and environmental aspects of such projects, including the US Department of State (DOS), US Department of Transportation (DOT), US Department of Interior (DOI), and the US Army Corps of Engineers. He also has extensive experience in the application of the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the Endangered Species Act (ESA), and other federal and state statutes applicable to the construction and operation of infrastructure projects. Josh provides compliance counseling to companies from small entrepreneurs to multinational corporations and trade associations regarding laws and regulations administered by the Occupational Safety and Health Administration (OSHA). He is frequently involved in litigation concerning challenges to federal agency compliance with NEPA, NHPA, and ESA.
Josh advises motor carriers, rail carriers, and pipeline companies with respect to regulatory compliance issues, including environmental and hazardous material and liquids transportation, including Pipeline and Hazardous Materials Safety Administration (PHMSA) requirements. His experience extends to PHMSA enforcement actions, including responding to corrective action orders and notices of probable violations, as well as administrative proceedings before the agency.
Josh assists companies with respect to investigations and enforcement actions arising from major incidents or spills. He has extensive knowledge of the Clean Water Act (CWA) enforcement process administered by the EPA and the US Coast Guard, and he advises companies on investigations conducted by the National Transportation Safety Board (NTSB).
- District of Columbia
- US District Court, District of Columbia
- US District Court, Eastern District of Michigan
- US Court of Appeals, District of Columbia
- US Court of Appeals, Second Circuit
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Sixth Circuit
- US Court of Appeals, Eighth Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Federal Circuit
- J.D., Southern Methodist University, Dedman School of Law, 2007, cum laude, Articles Editor, The International Lawyer Journal
- B.A., University of Wyoming, 2002
Areas of Practice
- Successfully negotiated major federal and state consent decrees concerning civil penalties, injunctive relief, and natural resource damages for Enbridge’s Line 6B release of crude oil near Marshall, MI. United States v. Enbridge Energy, Limited Partnership, et al.
- Assists infrastructure clients with obtaining construction permits from the US Army Corps of Engineers, the Bureau of Land Management, the Bureau of Indian Affairs, the US Forest Service, and other federal and state agencies, including advising clients with respect to the agencies’ NEPA review processes, Section 7 consultations with the US Fish and Wildlife, and cultural resource consultations with SHPOs, the ACHP, and tribes. Sierra Club v. US Forest Service.
- Earned a favorable ruling in a NEPA and CWA-based challenge to multiple federal agency permits for a client’s domestic oil pipeline before the DC District Court and the DC Circuit. See Sierra Club v. US Army Corps of Engineers, et al.
- Represents pipeline companies before the DOS with respect to applications for Presidential Permits to construct, operate, and maintain cross-border pipelines between the United States and Canada, including with respect to the State Department’s NEPA, NHPA, and ESA review process for pipeline projects and resulting litigation. Currently assisting with the NEPA process for Enbridge’s Line 67 expansion project, and earned a favorable ruling in prior litigation challenging that same pipeline. See White Earth, et al. v. US Department of State, et al., 14-cv-4726, 2015 WL 8483278 (D. Minn. Dec. 9, 2015); Sierra Club v. Clinton, 689 F. Supp. 2d 1147 (D. Minn. 2010).
- Advises clients on hazardous material regulatory requirements, and has successfully procured special permits from PHMSA, including a permit to exempt a major consumer product from certain hazardous material shipping requirements.
- Represents pipeline trade associations and a pipeline company in litigation concerning a challenge to the DOT’s and PHMSA’s authority to approve emergency response plans for pipeline water crossings. National Wildlife Federation v. Department of Transportation.
- Represents a large Global Distribution System and a travel distribution trade association in various regulatory matters before the DOT pertaining to the distribution of airline services. Currently representing a GDS in a consumer antitrust lawsuit.
- Prepared amici brief for four trade associations in Dakota Access pipeline litigation concerning the remedy phase in environmental review litigation involving the Dakota Access pipeline.
- Advises major real estate developer on NEPA, NHPA, and FRA issues with respect to proposed development of a major project adjacent to Union Station in Washington, DC.
- Represents energy and transportation companies with respect to challenges to state laws or local ordinances that restrict the ability to operate in interstate commerce. Prepared an amicus brief on behalf of energy trade organizations in Portland Pipe Line’s challenge to City of South Portland, ME ordinance that restricts the transportation of heavy crude oil from Canada. Portland Pipe Line Corp. v. City of South Portland, et al.
"2017 Changes to OSHA's Chemical NEP: What You Need to Know," American Chemistry Council, October 16, 2017
News & Publications
Energy Law Report
July 10, 2019
April 11, 2019
August 17, 2017
July 6, 2016
September 26, 2017
January 12, 2017