Susan G. Lafferty

Counsel
Washington, P: 202.383.0168
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Susan Lafferty is a member of Sutherland’s Energy and Environmental Practice Group. Susan advises clients on a broad array of energy and environmental matters in the petroleum and biofuels regulatory and trading arenas and related policy developments. Susan’s counsel focuses on the regulatory and commercial issues related to the Renewable Fuel Standard (RFS) program, including navigating enforcement matters related to the trading or use of invalid RINs (Renewable Identification Numbers). Susan also works with clients to develop risk management and mitigation tools to address spills or releases when transporting and storing physical product such as crude oil, distillates, LNG and coal.

Susan is also a member of Sutherland’s Crisis Management and Complex Litigation Team, helping clients navigate crises and develop legal response strategies tailored to each specific situation. To learn more about how Sutherland defends companies facing challenges on multiple fronts, including civil litigation and parallel criminal investigations, multi-district litigation proceedings, putative class actions, Congressional investigations and hearings, regulatory investigations, internal investigations, shareholder direct and derivative claims, and corporate disclosure issues, visit sutherlandcrisismanagement.com.

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REPRESENTATIVE EXPERIENCE
Susan’s recent representative experience includes:

Providing analysis and compliance counseling for importers, blenders, producers and traders on U.S. Environmental Protection Agency (EPA) Mobile Source issues including reformulated gasoline (RFG) and conventional gasoline (CG) programs, the Ultra Low Sulfur Diesel (ULSD) program, the Renewable Fuel Standard (RFS) program, Renewable Identification Number (RIN) credits, and related commercial and policy issues.
Assisting clients with responding to invalid RINs in the marketplace, including responding to notices of violation (NOVs) from EPA, commercial issues and general compliance.
Counseling multiple clients on California’s low carbon fuel standard (LCFS) including compliance issues for high carbon-intense bulk commodities and assessment of potential adoption by the federal or state governments.
Advising and counseling on EPA enforcement proceedings and program audits under the Mobile Source program and Toxic Substances Control Act (TSCA).
Analyzing and providing congressional advocacy on Gulf of Mexico royalty payment issues, including crafting strategic approaches and potential legislative solutions.
Counseling clients on oil-spill risk liability in the United States and analysis by foreign counsel in Europe, Asia, the Middle East, Africa and the Americas.
Preparing and testing of Emergency Response Plans for oil and bunker fuel spills, and advising on the structure of vetting programs.
Advising and guiding companies through the Foreign Investment and National Security Act/ Committee on Foreign Investment in the United States (FINSA/CFIUS) process, including preparing of CFIUS notices, negotiating mitigation agreements with CFIUS, and advising on government audits.

PROFESSIONAL AND COMMUNITY INVOLVEMENT

Member, Climate Change, Science and Technology Section, American Bar Association
Member, Renewable Energy Section, American Bar Association
Member, Energy Bar Association

RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS

Speaker, OPIS RINs Conference (October 13, 2011)
Speaker, Sutherland Webinar: “Petroleum Price Gouging and Market Manipulation 101: A Guide to Understanding the Current Regulations, Enforcement and Investigations,” (June 16, 2011)
Speaker, California’s Low Carbon Fuel Standard Seminar (June 9, 2010)
Speaker, “State & Federal Energy Policy—What is on the Horizon,” Online Green Building Expo (January 12–14, 2010)
Speaker, AMERICANA 2009 Conference (March 17–19, 2009)
Co-author, “The Current State of California’s Low Carbon Fuel Standard,” OPIS White Papers (February 2012)
Co-author, “Who’s In Charge of Carbon Markets?” Public Utilities Fortnightly (July 2008)

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Education

J.D., George Mason University School of Law, 2000

B.A., University of Virginia, 1992

Bar Admissions

District of Columbia, Virginia