Tod J. EveragePartner
Tod Everage is a Partner in Kean Miller’s Offshore Energy and Maritime Litigation Practice Group. He counsels energy companies and their service providers in transactional, regulatory, and litigation matters. He helps clients navigate offshore, midstream, maritime, and environmental issues, including those involving the Outer Continental Shelf Lands Act, Natural Gas Act, NEPA, Deepwater Port Act, Clean Air Act, Clean Water Act, and Jones Act. He regularly interfaces on behalf of his clients with state and federal regulators such as Maritime Administration (MARAD), Bureau of Safety and Environmental Enforcement (BSEE), Bureau of Ocean Energy Management (BOEM), and U.S. Coast Guard related to regulatory and permitting issues, enforcement actions, and disputes. He has assisted clients in exploring and developing infrastructure projects related to crude oil and LNG exports, carbon capture, emissions reduction technology, and renewable energy ideas, both onshore and offshore.
Tod is also an experienced trial attorney having spent most of his career litigating in state, federal, and appellate courts related to offshore and maritime issues. He has tried multiple cases to verdict as well as briefed and argued appeals in both state and federal forums, and mediated dozens of cases to successful resolution.
Tod has been listed as a Rising Star by Louisiana Super Lawyers, 2016-2019 and selected by New Orleans CityBusiness as a 2020 Leadership in Law Award recipient. Tod is active in the Institute for Energy Law, serving on its Executive Committee in various capacities, including as Past Chair of the Young Energy Professionals Committee. He is admitted to practice in Louisiana and Texas.
- Representation of offshore export terminal owner in the preparation of a Deepwater Port Act License Application filed with MARAD and US Coast Guard in the pursuit of a license to construct, own, and operate an offshore crude oil export terminal.
- Representation of maritime service company in its commercial acquisition and sale.
- Experience in drafting, reviewing, and negotiating Master Service Agreements, Professional Services Agreements, subcontracts, Charter Agreements, Non-Disclosure Agreements, and other vendor contracts related to the oilfield, maritime, environment, and construction industry.
- Serves as outside general counsel to several companies in the oilfield service, EPC, and maritime industries.
- Assisted in formation and initial startup of several midstream service companies, as well as provide regular corporate and transactional advice relevant to their businesses.
- Representation of clients in private equity and capital funding raises and negotiation of equity agreements.
- Representation of leaseholders before the Louisiana State Energy & Mineral Board.
- Representation of oil companies in coordination and enforcement defense with Louisiana Oil Spill Coordinator’s Office and US Department of Interior related to Natural Resources Damage Assessments (NRDA).
- Representation of permit applicants in matters with Federal agencies such as MARAD, EPA, US Coast Guard, and US Army Corps.
- Representation of Caribbean vessel fleet owner in US Coast Guard compliance disputes.
- Counsel to foreign and domestic vessel owners and operators related to Jones Act compliance.
- Multiple trials state and Federal courts regarding commercial and property disputes and personal injury defense.
- Extensive experience assisting clients with state and federal court appeal briefs and oral argument.
- Represented leaseholders in contract disputes over ownership of state lease and production platform.
- Experience in maritime attachment and vessel arrest proceedings on behalf of lienholders and vessel owners.
- Experience representing offshore oil and gas platform owners and operators in defense of personal injury claims and in prosecution of property damage claims associated with well blowouts, vessel allisions, personnel basket transfers and other issues, including analysis of defense and indemnity issues under relevant contracts.
- Experience in representing drilling companies and oil companies in lawsuits filed by offshore workers based on the Jones Act, General Maritime Law, Louisiana state law and the Longshore and Harbor Workers' Compensation Act (LHWCA).
- Experience in representing vessel owners, manufacturers, and shipyards in catastrophic casualty claims in products liability, property damage, and vessel allision and collision cases.
- Experience representing pipeline owners in disputes over servitudes (right-of-ways), pipeline damages, contractual disputes.
Tod earned his B.S. in Biological Sciences from Louisiana State University in 2004. He earned his J.D., cum laude, from the Loyola University New Orleans College of Law in 2009 and was a William L. Crowe Scholar. While at Loyola, Tod served as an advocate, coach and later Executive Board member in the Loyola Trial Advocacy Program.
- Admitted, Louisiana, 2009; Texas, 2018; United States District Courts for the Eastern, Middle and Western Districts of Louisiana; United States Court of Appeals, Fifth Circuit; United States District Court for the Southern District of Texas; United States Court of International Trade
- New Orleans Bar Association (NOBA), Louisiana State Bar Association (LSBA), American Bar Association (ABA); Federal Bar Association (FBA); Federal Bar Association - Young Lawyers Division – Board of Directors (2015-2019); Young Leadership Council (YLC); Offshore Marine Services Association (OMSA); New Orleans Mariner's Club; Young Pipeline Professionals; Louisiana Dig Law Advisory Committee; Institute for Energy Law (IEL) - Advisory Board Member, IEL Young Energy Professional (YEP) Executive Board - Secretary; YEP Newsletter Subcommittee Member; YEP Programs Committee Co-Chair; IEL Leadership Class Participant (2019-20)
- BOEM Begins Key Environmental Assessment In Preparation for Offshore Wind Development in the GOM, Louisiana Law Blog, January 13, 2022
- Biden Administration “Pauses” Oil and Gas Leases and Permits, Industry Responds, Louisiana Law Blog, January 29, 2021
- Coast Guard Proposes to Clean Up Environmental Regulations Governing Tankers, Louisiana Law Blog, May 15, 2020
- From Bow to Stern: A Quick Look at Maritime Litigation, IEL YEP National Conference, San Antonio, TX, April 2019
- Update: Supreme Court Rejects Punitive Damages for Unseaworthiness Claims, Louisiana Law Blog, June 24, 2019
- Your Real Legal Education Starts After You Graduate, The Energy Dispatch, Issue 5, April 2019
- UPDATE: Supreme Court grants writs in Dutra v. Batterton, Louisiana Law Blog, December 19, 2018
- Be Careful How You Word Your Contracts and Complaints: 5th Circuit Silences "Prevailing Party" Fee Provision in JOA Dispute, Louisiana Law Blog, December 4, 2018
- U.S. Fifth Circuit's New Doiron Test Finds P&A Contract to be Maritime, but What if the Work Occurred on the OCS?, Louisiana Law Blog, July 19, 2018
- U.S. 5th Circuit Addresses McCorpen, Unseaworthiness, and OSHA Preemption in Recent Case, Louisiana Law Blog, April 13, 2018
- Majority of EDLA Judges Acknowledge Continued Viability of Scarborough to Bar Punitive Damages Against Third Parties in Jones Act Cases, Louisiana Law Blog, February 9, 2017
- Out with Davis and Sons and in with Doiron: The 5th Circuit Simplifies Maritime Contract Test, Louisiana Law Blog, January 9, 2018
- Eyes on the Bayou: The Future of Offshore Regulation Begins in Louisiana, The Energy Dispatch Issue 1, December 2017
- On First Impression, U.S. 5th Circuit Recognizes its Jurisdiction to Review Summary Judgement Denials on Legal Issues Even After a Jury Trial, Louisiana Law Blog, July 7, 2017
- BOEM Announces Proposal to Sell 73 Million Acres of Gulf of Mexico Leases, Louisiana Law Blog, March 22, 2017
- U.S. 5th Circuit: Plaintiffs Can Recover Only LHWCA Medical Benefits Paid, Not Billed, Louisiana Law Blog, December 6, 2016
- U.S. 5th Circuit Affirms That Tension Leg Platforms (TLP's) are not Vessels, Louisiana Law Blog, August 29, 2016
- Helpful Information for FEMA Aid and Flood Claims, Louisiana Law Blog, August 16, 2016
- EDLA Confirms that LHWCA Medical Benefits are not Subject to Collateral Source Rule, Louisiana Law Blog, June 6, 2016
- Update: Fights Continue Over the Availability of Punitive Damages In Maritime Cases, Louisiana Law Blog, April 25, 2016
- Non-Signatories to Master Service Agreement Can Benefit from Louisiana's Statutory Employer Defense Says U.S. Fifth Circuit, Louisiana Law Blog, April 11, 2016
- Louisiana Appeals Court Acknowledges Preemption of State Law Over Parish Zoning Ordinances in Fracking Fight, Louisiana Law Blog, March 11, 2016
- U.S. 5th Circuit Holds that Platform Decommissioning Operations Fall Under Louisiana Oilfield Indemnity Act, Louisiana Law Blog, March 7, 2016
- Fights Continue Over the Availability of Punitive Damages in Maritime Cases, Louisiana Law Blog, December 21, 2015
- EPA Extends Public Comment Period on Proposed Rulemaking for Fracking Wastewater, Louisiana Law Blog, June 2, 2015
- Update: U.S. Supreme Court Denies Writs in McBride v. Estis Well Service, Louisiana Law Blog, May 28, 2015
- EDLA Judge: Punitive Damages are Unavailable to Plaintiffs Injured on the Outer Continental Shelf as a Matter of Law, Louisiana Law Blog, March 31, 2015
- Failure by One Plaintiff (Out of Four) in Consolidated Litigation to Adequately Plead Admiralty Jurisdiction Lost Bench Trial for All, Louisiana Law Blog, March 30, 2015.
- 11th Circuit Rejects Long-Standing 5th Circuit Barbetta Rule Thereby Allowing Passengers to Sue Shipowners for the Negligence of its Medical Staff, Louisiana Law Blog, December 10, 2014.
- Eastern District of Louisiana Adopts Definition for "Perlis of the Sea" for Seaman Status Analysis, Louisiana Law Blog, January 2014
- U.S. Fifth Circuit Holds that OCSLA Removal is Proper in Maritime Cases, Louisiana Law Blog, May 2013
- Fifth Circuit Clarifies and Reiterates its Standard for "Course and Scope of Employment" Under Jones Act, Louisiana Law Blog, November 2012