Ernest B. Abbott

FEMA LAW ASSOCIATES, PLLC 2001-present

• Founder and Principal of law and regulatory consulting firm specializing in Emergency Management and Disaster Law.
• Emergency management legal practice focuses on laws, regulations, policies and procedures relating to eligibility for federal disaster and mitigation assistance, the coordination of federal, state, local, non-profit, and private sector responders in catastrophic events, and the all elements of the National Flood Insurance Program, including insurance, floodplain mapping, and floodplain management.
• Clients include local governments, public authorities and non-profit organizations eligible for FEMA assistance and their trade associations, Write-Your-Own Insurance Companies and individual flood insurance policy holders, land owners and land developers, law firms and contractors providing services to the emergency management community, and employees of emergency management agencies.
• Subject Matter Legal Expert for Centers for Disease Control contract to create Public Health Emergency Law Training Course (both the 1^st and 2^nd Editions)

FEDERAL EMERGENCY MANAGEMENT AGENCY, Washington, D.C., July 1997-January, 2001. General Counsel

• General Counsel of Federal Emergency Management Agency ($4 billion in annual expenditures). Chief legal officer for a member of the Cabinet of the United States. Managed all FEMA regulatory development and coordinated the legislative program for all FEMA agencies.
• Directed review of legal issues raised by FEMA's disaster and flood programs. Personally drafted decisions on appeals involving repetitive loss structures, interrelationship between insurance and disaster relief, and scope of authority to fund structural improvements as part of restoration of damaged structures.
• Decided all appeals from FEMA initial decisions refusing to produce information requested under the Freedom of Information Act, and led development of new "routine use" of information in the agency's files that would allow FEMA to use this information to assist in mitigation of flood hazards.
• Led expedited development of regulations to implement the Cerro Grande Fire Assistance Act, which created a new $500 million FEMA compensation program. Interim regulations were published and effective 45 days after enactment (rather than ‘normal' year or more).
• Developed and implemented integrated litigation and regulatory program to protect National Flood Insurance Program from punitive damage awards.
• Created FEMA Office of Dispute Resolution in Office of General Counsel; FEMA's Office received special mention in Justice Department report to President on Dispute Resolution. Personally mediated dispute involving personnel and national security matters.

TENNECO ENERGY, Houston, TX, 1985-1996: Director and Vice-President, International (1994-1996). Principal Deputy General Counsel and Managing Attorney (1990-1994; previously Associate General Counsel).

• Managing Deputy General Counsel of a $3 billion diversified natural gas company operating in 27 states. Legal Department size: 25 staff lawyers; outside counsel expenditures of over $20 million.
• Directed all contract and regulatory work for over $500 million in successful Company expansion projects. Lead negotiator on a 275 billion cubic foot international natural gas purchase contract and on gas processing and liquids transportation aspects of $500 million sale of gas liquids business. Member of 13 partner Management Committee of $700 million international pipeline project. Led natural gas industry response to new restrictions on affiliate relationships.
• Managed environmental legal function. Supervised state and federal negotiations for a $300+ million PCB remediation project. Successfully directed related toxic tort litigation and settlements. Developed environmental corporate compliance program.
  Developed new litigation/budget control system for $20 million outside counsel expenses, improving cost control and settlement strategy and allowing transfer of accountability for managing costs to staff attorneys. Developed innovative outside counsel fee arrangements.
• Developed management and information process to track and review corporate contingent liabilities with chief financial officer and outside auditors.
• Conducted and managed internal investigations in both civil and criminal contexts.
• As manager of Tenneco Energy's Political Action Committee, increased employee participation by 300% and contributions by 100%. Managed 'advance work' for significant public events.

U.S. ENVIRONMENTAL PROTECTION AGENCY, Washington, D.C., 1983-1985. Special Assistant for Legislative Development, Assistant Administrator of Office of Policy, Planning And Evaluation.

• Directed "statutory review" project of Administrator William Ruckelshaus to achieve greater consistency in enforcement across the environmental media (air, water, solid waste, toxic substances, Superfund). Built Agency consensus on cross-media legislative proposal.

INTERSTATE COMMERCE COMMISSION, Washington, D.C., 1979-1983. Attorney-Advisor to Commissioners Alexis and Simmons, Rail Merger Coordinator, Senior Appellate Trial Attorney.

• Principal drafter of merger, abandonment, and new construction decisions interpreting new legislation deregulating railroad and trucking industry.
• Directed staff decisions on all rail consolidations over three-year period, integrating economic, legal and engineering factors. Successfully achieved Commission consensus on approval of major rail consolidations involving $5 billion in shareholders' equity.
• Appellate defense of major Commission decisions.

HOGAN & HARTSON, Washington, D.C., 1976-1979. Associate attorney with principal assignments in antitrust and energy law.

COMMONWEALTH EDISON COMPANY, Chicago, Ill. 1974, 1975 (Summers only)

• Staff to Vice Chairman and to General Counsel on electric utility rate and rate structure issues.