Phil McKiernan focuses his practice primarily on advising and representing utilities and other types of regulated business. Clients have included investor-owned, governmental and non-profit organizations.  In particular, Phil has extensive experience advising water, sewer and gas distribution utilities concerning regulatory requirements and representing them before the Indiana Utility Regulatory Commission.  These representations have included rate-making proceedings, service territory assignments and requests for the approval of financings and acquisitions.  Phil also has been involved in rule-making proceedings and preparing legislation affecting utilities in Indiana.
Phil also represents interstate natural gas and other types of pipelines operating in Indiana.  In addition to assisting with compliance with regulatory requirements and securing needed permits and approvals, Phil has assisted pipelines with the acquisition of rights-of-way voluntarily and through condemnation, as well as enforcing the terms of right-of-way grants and defending them against encroachment.  In connection with condemnation, Phil has advised and represented clients concerning pre-condemnation survey access, expedited possession and the determination of appropriate condemnation damage awards.
Phil’s work on behalf of utilities and pipelines also has involved him in defending against contamination claims and enforcement matters arising under environmental protection laws. 
Phil is a 1983 magna cum laude graduate of the Indiana University Maurer School of Law, where he was a member of the Indiana Law Journal.  Since graduation, Phil has been a member of and served in leadership capacities with several civic and professional organizations, including the Indiana State Bar Association.
Reported and Representative Cases
  • Akzo Coatings, Inc. v. Aigner Corp, 30 F. 3d 761 (7th Cir. 1994)
  • Rockies Express Pipeline Company LLC v. Indiana State Natural Resources Commission, 2010 WL 3882513 (S. D. Ind. 2010)
  • L.A. Pipeline Const. Co. v. Texas Eastern Products Pipeline Co., 699 F. Supp. 185 (S.D. Ind. 1988)
  • Buckley v. Standard Investment Co., 581 N.E. 2d 920 (Ind. 1991), modified, 586 N.E. 2d (Ind. 1992)
View Full Site View Mobile Optimized