Overview

Devan concentrates her practice in energy litigation and regulatory matters.

Devan counsels public utilities and FERC-regulated entities building out pipeline and electric power transmission infrastructure as well as developers siting green/renewable projects in Ohio. She has a considerable track record representing clients seeking approvals and certificate amendments from the Ohio Power Siting Board (OPSB). With increasing frequency, these proceedings are contested. Devan therefore draws on her trial experience to innovatively and successfully resolve novel procedural issues, including by compromise agreement with OPSB Staff. Relatedly, Devan works with transmission and generation facility clients on compliance aspects derivative of the OPSB’s continuing jurisdiction. She also represents public utilities before the Public Utilities Commission of Ohio (PUCO) and in appellate proceedings. In one such PUCO complaint case, she helped successfully defend a public utility against “abuse of market power” claims brought by a competitor—a decision affirmed by the Ohio Supreme Court.

To complement her state regulatory work, Devan has served as FERC counsel to power marketers, generators and co-generation facilities—petitioning for Federal Power Act authorizations and waiver of substantive filing requirements in addition to resolving enforcement matters. As part of her FERC practice, she counsels natural gas companies on jurisdictional considerations and advises intrastate/Hinshaw pipelines about state regulatory obligations as applied to operational issues. Further, she has advised operators of natural gas gathering facilities and gas-fired generation facilities in connection with pre-litigation strategy and resolution of disputes with FERC-regulated pipelines

As a litigator, Devan has defended oil and gas production companies in cases involving construction of lease provisions, royalty deductions, bonus payments, liability for plugging and abandonment costs, development of mineral interests acquired at tax sales and partition in lieu of forced pooling. She has represented pipeline companies in disputes relating to joint venture operating agreements and natural gas processing facilities construction. She has also counselled clients in connection with natural gas purchase and sale agreements, and drilling/injection well permitting.

Prior to attending law school, Devan was a consultant in the dairy business for an industry-leading animal nutrition entity. She worked with dairy farm clients in Vermont, New Hampshire and New York on developing and implementing strategies for increased herd productivity in terms of milk volume and overall profit maximization. Her analysis of issues included commodity selection and purchasing, crop management and cow health.
 

Education

  • Pennsylvania State University Dickinson School of Law  (J.D., 2014)
  • Cornell University  (B.S., cum laude, 2008)

Bar Admissions

  • Ohio
  • West Virginia
  • U.S. District Court for the Northern District of West Virginia
  • U.S. District Court for the Southern District of Ohio

Professional Associations

  • The Energy Bar Association
  • Marcellus Shale Coalition
  • Institute for Energy Law
  • Gas & Oil Association of West Virginia
  • Ohio Oil & Gas Association

Honors & Awards

  • Best Lawyers: Ones to Watch in America®
  • Ohio Super Lawyers, Rising Stars Edition
  • Leadership Harrison, 2015
  • CALI Excellence for the Future Award® in Legal Writing

Community

  • West Virginia University Davis College of Agriculture, Natural Resources and Design, Adjunct Professor for Agricultural and Natural Resources Law, 2015, 2017
  • Licking River Kennel Club