Fred Lowther devotes his career primarily to the development of large energy and natural resource projects in the United States and abroad. He focuses his practice on domestic and international energy, water supply projects and transactions, and general counseling of energy companies in all sectors of the industry. His work on water supply issues involves both structuring projects and litigating over water rights. He also focuses his practice on counseling companies in the energy technology sector.
Energy Project Development
Fred’s role as project counsel involves all aspects of project structuring, regulatory approvals, administrative and judicial litigation, financing, and general counseling for large projects and transactions involving natural gas, power generation, electric transmission, water supply and treatment, and crude oil in the U.S., Canada, Asia, and the Middle East.
From September 1998 to January 31, 2000, Fred served as in-house general counsel of KeySpan Corporation, a large New York and Boston-based utility company created by the merger of Brooklyn Union Gas, Long Island Lighting Company, and Eastern Enterprises. From February 2000-2009, he served as counsel to the chairman of KeySpan Corporation and National Grid U.S.
Business Transactions in the Former Soviet Union/Eastern Europe
In 1972, Fred served as a member of the U.S. Government Mission to negotiate the 1972 U.S.-U.S.S.R. Trade Agreement. Since then, he has been active in business matters in the former Soviet Union and Eastern Europe.
Fred is a co-founder, and has served as general counsel and a director, of Poseidon Water LLC, a water project development company engaged in the development of large-scale seawater desalination plants and other water supply projects in the United States.
Fred represents several clients pursuing claims against the United States for the failure of the U.S. Department of Energy to commence removal of spent nuclear fuel from nuclear power plants, as required by the Nuclear Waste Policy Act of 1992. He continues to represent U.S. companies and communities in the efforts to develop a consent-based system for storage of nuclear waste in the United States.
From 1982 to 1989, he was managing partner of a Washington, D.C.-based Am Law 200 firm and chairman of the Management Committee. From 1989 to 2009, he served on that firm’s Executive Committee and chaired the firm’s Compensation Committee; from 1973 to 2003, he chaired the Energy practice; and from 2003 to 2010, he chaired the Corporate & Finance group.
At various times between 1985 and 2010, Fred served as a director of Yankee Energy Systems (NYSE: YES); EEX Corporation (NYSE: EEX); Shell Technology Ventures; KeySpan Energy Development Corp.; KeySpan Technologies, Inc.; Alberta Northeast Gas Limited; and Integrated Pipeline Services. He also was a member of the Russian-American Commission on Foreign Investment. Fred previously served as the director of the Office of Energy Programs in the U.S. Department of Commerce, a member of the U.S. Mission to the U.S.S.R. responsible for trade negotiations in the maritime and energy sectors, and special assistant to the General Counsel, U.S. Maritime Administration. From 1968 to 1969, he served as a law clerk to Chief Judge Caleb M. Wright, U.S. District Court for the District of Delaware.