Picture of Tod J. Everage

Tod J. Everage

Partner

Direct: 504.585.3052
 Fax: 504.585.3051

tod.everage@keanmiller.com
Download VCard Print This Profile

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.


Representative Experience Transactional and Regulatory
  • 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.

Litigation
  • 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.

Education

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.

Admissions
  • 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
Memberships
  • 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)
Articles, Publications and Presentations
Community Service
  • Board Member, Institute of Energy Law
  • Board Member, Lafayette Square Conservancy