Overview
Josh Runyan advises clients with respect to the construction, operation, and maintenance of major energy and transportation projects. He works closely with a variety of federal and state agencies on regulatory, permitting, and environmental issues for new and existing projects. His environmental expertise focuses on advising energy and transportation companies on compliance with Clean Air Act and Clean Water Act requirements, including overseeing the environmental review process for new permits under the National Environmental Policy Act, Endangered Species Act, and National Historic Preservation Act.
His practice includes advising clients on natural resources, climate change, and greenhouse gas issues arising during the environmental review stage. He also has extensive experience in investigation and enforcement proceedings initiated by the U.S. Environmental Protection Agency and state agencies associated with violations of federal environmental laws. Over the past decade, Josh has also been frequently involved in litigation concerning environmental-related challenges to energy and transportation projects, including efforts by state, tribal, and local governments to prevent new projects or shutdown existing operations.
Josh has extensive experience representing commercial motor vehicle operators in proceedings relating to vehicle safety before the Federal Motor Carrier Safety Administration and vehicle equipment manufacturers and others before the National Highway Traffic Safety Administration on issues pertaining to vehicle and equipment safety and design. Josh also counsels clients on matters relating to the development of federal and state policies for the operation of autonomous vehicles.
- District of Columbia
- US District Court, Western District of Wisconsin
- US District Court, District of Columbia
- US District Court, Eastern District of Michigan
- US District Court, Western District of Michigan
- US Court of Appeals, District of Columbia
- US Court of Appeals, First Circuit
- 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 Work
Representative Matters
- 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.
Speaking Engagements
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"2017 Changes to OSHA's Chemical NEP: What You Need to Know," American Chemistry Council, October 16, 2017
News & Publications
Press Releases
Steptoe Receives 28 Practice Rankings, 34 Individual Awards in Legal 500 US 2023
June 14, 2023
Press Releases
Steptoe Receives 27 Practice Rankings, 26 Individual Awards in Legal 500 US 2022
June 16, 2022
Press Releases
Steptoe Receives 27 Practice Rankings, 31 Individual Awards in Legal 500 US 2021
September 13, 2021
Press Releases
Steptoe Receives 28 Practice Rankings, 29 Individual Awards in Legal 500 US 2020
July 7, 2020
Media Mentions
Law360 Covers Steptoe's Success for Enbridge in Pipeline Replacement Project
November 7, 2019
Publications
Energy Law Report
July 10, 2019
Resources
Events
Webinars
Pipeline Accidents: Are You Prepared?
September 26, 2017
Speakers: David H. Coburn, William T. Hassler, Joshua Runyan, Steven Reed
Webinars
Pipeline Accidents: Are You Prepared?
January 12, 2017
Speakers: Seth Goldberg, William T. Hassler, Dane Jaques, Joshua Runyan
Webinars
Pipeline Accidents: Are You Prepared?
December 1, 2016
Speakers: Dane Jaques, Joshua Runyan, Steven Reed
Noteworthy
- Legal 500 US, Rising Stars, Energy Regulation: Oil & Gas (2020)
- Legal 500 US, Next Generation Partner, Energy Regulation: Oil & Gas (2021-2023)