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Joseph H. Fagan
Joseph H. Fagan
Partner
Washington, D.C.
| (202) 218-3901
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Overview

Joseph Fagan serves as the Managing Partner of Day Pitney’s Washington, D.C. office and sits on the Firm’s Executive Board. With more than three decades of experience, Joseph advises clients across the electric and natural gas sectors alike on a comprehensive range of regulatory, transactional, contractual, and litigation matters. His counsel is sought by industry players navigating the intricate frameworks of the Federal Energy Regulatory Commission (FERC), the Department of Energy (DOE), and related state and federal entities.
 
Known for his sophisticated understanding of regulated markets, Joseph routinely guides clients through issues related to investment structuring, asset acquisition and divestiture, infrastructure development, regulatory compliance, enforcement defense, government investigations, and ratemaking proceedings. His practice is distinguished by its breadth, encompassing every aspect of the regulated power and gas industries.
 
Joseph represents a diverse client base, including:

       1.    Energy infrastructure developers and investors
       2.    Merchant generation developers
       3.    Natural gas storage companies
       4.    Renewable natural gas and LNG project developers
       5.    Gas and power marketers
       6.    Local distribution companies
       7.    Electric cooperatives
       8.    Industrial end-users

Joseph is particularly adept at handling high-stakes matters before FERC and DOE, including rate and tariff proceedings, licensing and permitting, enforcement actions, and import/export authorizations. His litigation work spans federal district and appellate courts, where he has advocated for clients in complex regulatory and commercial disputes.

In addition to his client work, Joseph is a respected thought leader in the energy sector. He frequently speaks at industry conferences and contributes commentary on emerging regulatory and market trends. His commitment to the legal community also includes past service as the Co-Chair of the Professional Education Council of the Energy Bar Association as well as a member of the Board of Directors of its Charitable Foundation, reflecting his dedication to public service and professional development within the energy bar.

* No aspect of these advertisements have been approved by the highest court of any state. See Awards Methodology.

Experience

No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome.

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

  • District of Columbia
  • State of Connecticut
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit

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, 2010-2025

Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) of recognized practitioners for Energy: Oil & Gas (Regulatory & Litigation) Nationwide, 2021-2025

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, 2018-2025

News & Insights

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