David McCullough counsels producers, refiners, commodity traders and distributors on the trade and movement of commodities—particularly energy commodities such as crude oil, petroleum products and renewable fuels. David’s practice covers most regulations governing physical commodity trading, but he has a particular focus in the Renewable Fuel Standard (RFS), renewable identification number (RIN) trading, state low carbon fuel standards (LCFS), the Jones Act and shipment by rail and truck. His extensive practice extends from policy analysis to commercial concerns and from regulation to enforcement proceedings.
David has a deep understanding of the petroleum market particularly the regulatory and market forces that impact the sale of gasoline and diesel fuel. He has been at the forefront of representing companies in the implementation and enforcement of the RFS and state low carbon fuel standards. He represented more than 15 companies in RIN enforcement proceedings that led to the implementation of the Environmental Protection Agency’s Interim Enforcement Policies and Quality Assurance Program. He is the author of many frequently used provisions in RIN transactions and assisted in the drafting of LEAP’s Master Agreement for LCFS credits. David co-authored a white paper for the Bipartisan Policy Center on “Options for Reforming the Renewable Fuel Standard.” He is a frequent speaker and is quoted extensively in the press on RFS and LCFS issues.
David is on the cutting edge of the other key issues currently impacting the movement of crude oil, petroleum products and renewable fuel. David served on the team that facilitated the development of the segregation criteria for the export of Canadian crude oil as well as processed condensate. He is a member of the Sutherland team that obtained the classification, and advocated self-classification, for the export of processed condensate. David also participated in the Columbia Center for Global Energy Policy’s Crude Oil Export Roundtable.
David frequently counsels clients on Jones Act issues and exemptions and successfully secured the last waiver of the Jones Act (Hurricane Sandy in 2012). David also counsels clients on shipping by rail, including attendant liability in the event of an accident. He has represented shippers in response to some of the largest accidents involving crude oil shipped by rail.
Awards and Rankings
Recognized by The Legal 500 United States in the area of energy: renewable/alternative (2016)