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Henry S. May, Jr.Special Counsel
P: (713) 357-7704
F: (713) 357-6775
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Henry S. May, Jr.

Biography

Henry May has extensive experience in the regulatory, policy, and transactional aspects of the natural gas industry. He has represented clients in energy transactions, federal regulatory proceedings and related appeals before federal courts. Mr. May was a partner with Vinson & Elkins LLP until January 1, 2014, and was the head of that firm’s energy regulatory practice from 1990 to 2012.

Representative Experience
Transactions, Infrastructure, and Counseling
  • Represented interstate pipelines in major infrastructure projects:
    • Joint venture to construct and operate large cross-border pipeline project to serve the northeastern United States
    • Jointly owned pipeline built in the Gulf of Mexico to serve peninsular Florida
    • Pipeline major expansion in which costs were “rolled in” with existing facility costs to facilitate cost recovery
  • Negotiated natural gas sales, processing, and transportation agreements
  • Advised Section 311, Hinshaw, and intrastate pipelines on infrastructure development
  • Represented natural gas storage companies with operations in Texas, Louisiana, Mississippi, and Pennsylvania
  • Represented developers, purchasers, investors and lenders in contract review, due diligence, and advice concerning regulatory issues in connection with natural gas infrastructure
  • Represented participants in LNG projects with respect to long-term utilization, transportation, and supply contracts
  • Advised and counseled in open seasons for new infrastructure projects
  • Advised on “non-conforming” contracts
  • Advised and counseled concerning tariff implementation and interpretation on matters such as rates, quality, creditworthiness, quantity, and priority of service
Agency Proceedings
  • Represented interstate natural gas pipelines in numerous rate proceedings, including:
    • The recovery of over $500 million in environmental remediation costs
    • The recovery of allegedly unnecessary pipeline construction costs
    • The recovery of substantial “transition costs” relating to natural gas industry restructuring
  • Represented Section 311 and Hinshaw pipelines in FERC rate proceedings
  • Represented regulated entities in audit proceedings
  • Represented interstate natural gas pipelines in contested tariff proceedings
  • Successful authorization of multiple natural gas pipeline projects in FERC certificate proceedings
Appellate Matters
  • Argued before the D.C. Circuit on behalf of an industry group in support of the Federal Energy Regulatory Commission in FERC Order 636 appeals (United Dist. Cos. v. FERC, 88 F.3d 1105 (D.C. Cir. 1996))
  • Argued appeal on several aspects of FERC Order 637 before the D.C. Circuit on behalf of industry group and obtained remands on certain critical issues (Interstate Nat. Gas Ass’n of America v. FERC, 285 F.3d 18 (D.C. Cir. 2002))
  • Lead attorney for industry group in district court proceedings and related D.C. Circuit appeal, which held the FERC has no jurisdiction over offshore facilities under the Outer Continental Shelf Lands Act (Chevron U.S.A., Inc. v. FERC, 193 F. Supp. 2d 54 (D.D.C. 2002); The Williams Companies v. FERC, 345 F.3d 910 (D.C. Cir. 2003))
  • Lead counsel for industry group, argued appeals to the D.C. Circuit concerning the “right of first refusal” granted to natural gas pipeline transportation customers (American Gas Ass’n v. FERC, 428 F.3d 255 (D.C. Cir. 2005))
  • Lead intervenor counsel in D.C. Circuit cases that raised the jurisdictional standing requirement that environmental groups must meet in order to challenge pipeline construction projects and permitted the construction of a significant infrastructure project (National Committee for the New River, Inc. v. FERC, 433 F.3d 830 (D.C. Cir. 2005) and 373 F.3d 1323 (2004)).
  • Amicus counsel for industry group in review of lower court ruling on Mobile-Sierra doctrine (FERC power to modify contracts) by the United States Supreme Court (Morgan Stanley Capital Group Inc. v. Pub. Util. Dist. No. 1 of Snohomish County, Wash., 554 U.S. 527 (2008))
Education and Professional Background
  • University of Texas School of Law, J.D. with honors, 1971 (Officer, Texas Law Review; Chancellors Society; Order of the Coif)
  • University of Texas, B.A. with honors, 1969
  • Judicial clerk to The Honorable Malcolm R. Wilkey, United States Court of Appeals for the District of Columbia Circuit, 1972-1973
  • Admitted to Practice: State Bar of Texas, 1972; United States Court of Appeals for the District of Columbia Circuit, 1974; United States Supreme Court, 1977; United States District Court for the Southern District of Texas, 1977; United States Court of Appeals for the Fifth Circuit, 1981; United States Court of Appeals for the Eleventh Circuit, 1981
Teaching
  • Adjunct Professor, The University of Texas School of Law, Courses in Regulated Industries, 2002-2003
  • Adjunct Professor, University of Houston Law Center, Course concerning the Natural Gas and Electric Industries, 2010
Professional Recognition
  • Chambers USA: America’s Leading Lawyers for Business in Band 1 for Energy: Regulatory in Texas in 2005, 2006, 2007, 2008 and 2009, Band 1 for Nationwide Energy: Oil & Gas (Regulatory & Litigation) in 2010, 2011 and 2012, and Senior Statesman in Nationwide Energy: Oil & Gas (Regulatory & Litigation) in 2013 and 2014
  • The Best Lawyers in America® in natural resources law, 2005 - 2015; in energy, 2008 - 2015
  • The International Who’s Who of Oil & Gas Lawyers, 2010 and 2011
  • Legal Media Group (Euromoney): Expert Guide to the World’s Leading Energy and Natural Resources Lawyers, 2007, 2009, and 2011 and Expert Guide to the World’s Leading Lawyers – Best of the Best USA in energy and natural resources, 2008
Professional Associations
  • American Law Institute
  • Energy Bar Association