About Philip M. Marston, Esq.
Mr. Marston’s practice focuses on the legal, regulatory and business aspects of the natural
gas, electric power and carbon capture and storage industries. He founded Marston Law
in Alexandria, Virginia in 1998 as a cyberspace-oriented energy law practice and generally
represents energy companies before the FERC, as well as in transactional and select PUC
matters. Representative matters in recent years include:
• advising one of the largest carbon dioxide production, transportation and storage
companies in North America, (including assisting the client in acquiring a FERC-regulated
natural gas pipeline for conversion to CO2 transportation in one of the first transactions
of its kind);
• providing compliance assistance for an LNG storage company;
• counseling a regional energy marketing company;
• assisting a natural gas producing company in opposing a pipeline’s gas quality standards;
• assisting landowners and county governments in FERC hydroelectric licensing matters; and
• counseling a developer of financial risk-management and weather risk protection tools.
Outside of the energy business, he counsels the principal mail-order sellers of FDA-restricted
hearing aid devices on regulatory compliance issues.
He has served on the Advisory Committee for the International Energy Agency in Paris (in developing the Model Regulatory Framework for Carbon Capture and Storage). The Model Framework is available at: http://www.iea.org/ccs/legal/model_framework.pdf. The advisory committee members for the Model Framework can be found at: Advisory Committee for Model Framework. He has also served on the CO2 Pipeline Transport Task Force of the Interstate Oil and Gas Compact Commission (IOGCC) (report and recommendations forthcoming). He has provided assistance to the University College London Carbon Capture Legal Programme on CO2 pipeline regulatory issues (http://www.ucl.ac.uk/cclp/ccsfinancing-usa.php#whypay).
A fluent French speaker, he has spoken and written in French and English on energy regulatory matters including:
· “L'approche aux États-Unis standards américains pour une qualification d'un stockage CO2 sous les églementations fédérales et celles des États de l'Union” (presentation before the 2e Colloque International sur le Captage et stockage géologique du CO2) (Paris 2007) (English title: “Doing the Deal: Legal and regulatory aspects of the evolving CCS regime in the USA”);
· “L’échec de la déréglementation de l’électricité en Californie”, interview on broadcast on French language radio newsmagazine Les Affaires et la Vie (2001);
· “Le chemin difficile du réformateur: l’expérience américaine”, commentary in French newsletter Énergie News (2003);
· “Convergence Revisited: North American and European Energy Restructuring” (presentation at Paris EUROPLACE International Financial Forum in New York (2002);
He has published a book review (in English) of Michel Guénaire’s Le génie français and Nicolas Sarkozy’s Témoignage (http://www.felj.org/docs/elj281/221-234.pdf), as well as energy commentary (in French) in Énergie News (“Le chemin difficile du réformateur: l’expérience américaine). Mr. Marston was interviewed in French on the French-Canadian radio newsmagazine Les Affaires et la Vie, (“L’échec de la déréglementation de l'électricité en Californie”) and has spoken (in English) on energy issues at the Paris EUROPLACE International Financial Forum in New York. He has also appeared on the nationally-syndicated Motley Fool Radio Show.
In 2002-03 Mr. Marston conducted the Grid Enhancement Forum, an assessment of barriers to deployment of new technologies for enhancing the power grid (in conjunction with the Center for the Advancement of Energy Markets).
He commenced his legal career at Morgan, Lewis & Bockius where he was engaged in natural gas regulatory, contract and international matters. He entered public service in 1978 to help found the FERC’s Office of Enforcement and was nominated by the Chairman for the government-wide Younger Federal Lawyer Award. From 1981 to 1986, Mr. Marston helped craft the competitive, open-access framework for natural gas as Assistant Director of the Office of Economic Policy and as Assistant to the FERC Chairman Raymond J. O'Connor. He subsequently served as Special Assistant to the Solicitor where he helped defend the new rules before the D.C. Circuit Court of Appeals and conducted the concluding oral argument for the Commission. For the next ten years, Mr. Marston counseled a national energy marketing company as Vice President for Regulatory Affairs for Hadson Gas Systems, Inc. and its successor. At Hadson, he was responsible for regulatory and appellate strategy and implementation as well as assisting in transactional, business strategy and marketing matters.
Mr. Marston returned to private practice as counsel to Dewey Ballantine and at the consultancy, XENERGY Inc., before founding MARSTON LAW in 1998.
He is a past Chairman of the Energy Bar Association’s International and E-Commerce Committees and a member of the French-American Chamber of Commerce.
Mr. Marston has lectured on Energy Law at George Washington University's National Law Center and the Institute of Public Utilities (MSU), and served on the NYMEX Natural Gas Advisory Committee and U. S. Chamber of Commerce’s Energy and Natural Resources Committee. For many years he was a member of the Editorial Advisory Board of the industry journal Natural Gas. In 1993, an industry survey identified Mr. Marston as one of the Nation's ten "most effective and skillful" natural gas attorneys. He coauthored “Administration of Energy Shortages: Natural Gas and Petroleum” (Ballinger 1976) (with Mason Willrich, et al.) and has published numerous articles and spoken widely over the last 30 years on various aspects of energy law and regulation.
He is admitted to practice in Virginia and Washington, DC and is also a member of the Supreme Court Bar.
Mr. Marston earned his B.A. degree cum laude from Dickinson College and worked toward a Maîtrise in French literature at the Faculté des Lettres of the Université de Nantes in Nantes, France before earning his law degree from the University of Virginia.
218 N. Lee Street - Suite 300 - Alexandria, VA 22314
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