Philip M. Marston has focused on energy law since entering practice in 1976 with Morgan, Lewis & Bockius, focusing on legal, regulatory, business and policy aspects of the energy industries in private practice as well at the Federal Energy Regulatory Commission (FERC) in various senior roles. During the 1980s, he was one of the architects at FERC of the transition to a competitive, open access regulatory framework for US natural gas markets and defended the rules on appeal. He founded Marston Law ( in 1998. Clients have included energy suppliers and customers as well as natural gas, oil and CO2 pipelines or shippers. He has advised extensively on regulation of CO2-based enhanced oil recovery.

Service on advisory bodies has included the International Energy Agency (advising on its CCS Model Regulatory Framework and participating in CCS Regulatory Network forums); the CO2 Pipeline Task Force of the Interstate Oil and Gas Compact Commission (serving as a principal author of the final report); the energy committee of the US Chamber of Commerce; and the natural gas advisory committee of the New York Mercantile Exchange. In 2013, he authored an extensive report on the legal and regulatory framework for CO2–EOR and CCS for the Global CCS Institute.  

His JD degree is from the University of Virginia School of Law. He has co-authored a book and has published and spoken widely on energy regulatory issues in French as well as English.

Recent News:

Carbon Capture and Storage: Emerging Legal and Regulatory Issues (2d ed) (2019), ed. Ian Havercroft, Richard Macrory and Richard Stewart (Bloomsbury/Hart):  Mr. Marston contributed a chapter on CO2-EOR (with a focus on CO2 pipeline regulation in the United States) in Carbon Capture and Storage: Emerging Legal and Regulatory Issues Second Edition (2019), ed. Ian Havercroft, Richard Macrory, and Richard Stewart (Bloomsbury/Hart).  The work is available from and

Paris Europlace Forum, NY:  Mr. Marston moderated a panel of French experts on weather risk management products and services at the 2007 New York Financial Form of Paris Europlace. Link to Paris-Europlace program:

Doing the deal— Paris CO2 SymposiumMr. Marston recently gave a presentation at the “2e Colloque International sur le Captage et Stockage Geologique du CO2” in Paris, speaking on standards for carbon sequestration in US Federal and State regulation.

Link to the Paris CO2 Symposium:

Link to powerpoint presentation: “Doing the deal”: standards for qualifying sequestration under US Federal and state regulation

The Limits to Liberalization:  Mr. Marston recently published a review of both Michel Guénaire’s Le génie français and Nicolas Sarkozy’s Témoignage.

Link to the article in the Energy Law Journal: The Limits to Liberalization