Transmission Infrastructure

Badger Coulee Transmission Project—Wisconsin

Representing American Transmission Company in connection with the permitting of a 180-mile, 345-kilovolt transmission line from La Crosse to northern Dane County.

Cardinal-Hickory Creek Transmission Project—Iowa-Wisconsin

Serving as lead regulatory and litigation counsel in the development of a 100-mile, 345-kilovolt high-voltage transmission line from Iowa to Wisconsin. Representing the developers in multiple state and federal lawsuits at the trial and appellate levels.

Eldorado-Ivanpah Transmission Project—California*

Represented Southern California Edison in the development of a 35-mile, double-circuit, 220-kilovolt transmission line. The project crossed lands managed by the U.S. Bureau of Land Management (BLM), which required implementation of proactive environmental and safety programs. This project was completed under an accelerated 18-month project schedule. The representation included all approvals needed for the project from the California Public Utilities Commission (CPUC), the BLM, the U.S. Fish and Wildlife Service (FWS), the U.S. Army Corps of Engineers, and the California Department of Fish and Wildlife (CDFW).

PG&E Transmission Project—California

Represented utility in connection with the planning and development of interstate transmission facilities. Counsel involved Federal Power Act (FPA), Presidential Permits, Clean Water Act (CWA), Endangered Species Act (ESA), National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), State Environmental Policy Act (SEPA), Growth Management Act (GMA), Shoreline Management Act (SMA), water law, wetlands, zoning, and permitting.

Tehachapi Renewable Transmission Project—California*

Served as lead outside counsel on the development of a 173-mile, $2 billion transmission line in Southern California, which provides up to 4,500 megawatts of transmission capacity for new renewable resources. This is the first major U.S. renewable transmission project and contains a portion of the first underground 500-kilovolt transmission line. The project required the approval of many state and federal agencies, including the California Public Utilities Commission (CPUC), the U.S. Forest Service (FS), the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service (FWS).

Susquehanna-Roseland Transmission Project—New Jersey*

Lead outside project counsel to the utilities that developed and own this 500-kilovolt high-voltage transmission line that crosses three units of the U.S. National Park System. This engagement involved siting-related regulatory issues; environmental impact statement preparation; ESA, Migratory Bird Treaty Act (MBTA), and Bald and Golden Eagle Protection Act (BGEPA) compliance; cultural resource consultations; government affairs; communications; negotiation of a comprehensive mitigation strategy; and oversight of engineering and resource consultants.

Solar

Facilities Offtake Contracts—Nationwide

Representing large, commercial end users of power in the procurement of energy, capacity, and green attributes of solar projects across the United States. We have helped clients negotiate both physical and virtual offtake agreements, as well as REC-only agreements, for many gigawatts of clean energy across both organized electric markets like PJM Interconnection LLC (PJM), Midcontinent Independent System Operator (MISO), Electric Reliability Council of Texas (ERCOT), and California Independent System Operator (CAISO), as well as outside organized markets.

Synthetic Community Solar Offtake Contracts—PJM

Represented a large, commercial end user with respect to negotiation of a first-of-its-kind contract for green attributes for community solar with the goal of supporting community solar development for low- and moderate-income communities.

Battery Storage Offtake Contracts—MISO

Represented the utility with regard to offtake of storage services from both stand-alone and co-located battery electric storage assets.

Ivanpah Solar Project—California

Representing a developer in connection with all aspects of federal permitting and litigation defense for this large-scale solar project in the Mojave Desert. 

Palo Verde Mesa Solar Project—California

Serving as lead NEPA, California Environmental Quality Act (CEQA), and ESA counsel for a 450-megawatt solar generation project located in Riverside County.

Photovoltaic Solar Project—California

Represented the project proponent in CEQA compliance and secured land use approvals for a 650-megawatt photovoltaic solar project on 4,762 acres in Kern and Los Angeles Counties, adjacent to Southern California Edison’s Whirlwind Substation.

Solar Contracts—Midwest

Representing electric utility as transaction counsel, negotiating contracts for the acquisition, development, permitting, and construction of solar projects.

Solar Contracts and Negotiations—Nationwide

Representing a California-based solar energy developer by negotiating development and construction agreements and real estate acquisitions.

Solar Facilities Contracts—Midwest

Representing utilities, drafting and negotiating the governing contract documents relating to the design and construction of several solar facilities. This work includes the review of the project schedule, status, cost controls, contracts, delay/change orders, and startup and commissioning activities.

Solar Facilities Contracts, Procurement—Midwest

Representing utilities in the procurement of solar panels, main power transformers, inverters, and trackers.

Solar + Storage Project Development—Washington

Representing the developer of a 150-megawatt solar energy project in Eastern Washington with optional energy storage component.

Solar Project Development—California

Representing the developer of a large-scale solar project in San Bernardino County. The representation includes review under CEQA and the ESA, as well as the analysis of water rights and other environmental compliance matters needed to construct and implement the project.

Solar Manufacturer Lease Negotiation—California

Representing a solar panel manufacturer in its lease negotiation of a solar generating facility.

Solar Project Development and Financing—Nationwide

Representing independent developers and utilities in the development and financing of solar projects throughout the United States.

Solar Project Portfolio—Midwest

Representing utility in regulatory; transactional; and engineering, procurement, and construction matters in connection with the development of multiple solar and battery energy storage projects.

Solar Project Portfolio—Nationwide

Representing a renewable energy company in the negotiation of real estate options, leases, easements, asset purchase agreements, and construction contracts to support the development of a large portfolio of solar projects.

Solar Project Portfolio—West

Representing a renewable energy company on several solar sites located on public and private lands in projects including environmental permitting, land use entitlements, real estate, and transmission issues as well as due diligence associated with project acquisition and financing.

Sorrel Solar Farm—California

Representing a developer on environmental and land use issues concerning the development of the Sorrel Solar Farm, a large utility-scale solar project in Lucerne Valley in San Bernardino County.

Stagecoach Solar Project—California

Representing the developer of a large utility-scale solar and energy storage project in the Lucerne Valley in San Bernardino County. The project is under the jurisdiction of the California State Lands Commission (SLC), San Bernardino County, and the California Department of Fish and Wildlife (CDFW). Serving as the lead outside counsel in the development of this project, focused on environmental and land use issues, including CEQA and the ESA review, as well water rights analysis and other environmental compliance matters essential to construction and implementation.

Wind—Onshore

Facilities Offtake Contracts—Nationwide

Representing large, commercial end users of power in the procurement of energy, capacity, and green attributes of wind projects across the United States. We have helped clients negotiate both physical and virtual offtake agreements, as well as REC-only agreements, for many gigawatts of clean energy across both organized electric markets like PJM Interconnection LLC (PJM), Midcontinent Independent System Operator (MISO), Electric Reliability Council of Texas (ERCOT), and California Independent System Operator (CAISO), as well as outside organized markets.

Campo Wind Project—California

Represented a developer on all federal approvals for this wind project on Native American tribal lands in eastern San Diego County. The representation includes review under NEPA, the ESA, and the CWA.

Desert Claim Wind Project—Washington

Represented the developer of a central Washington wind energy project in permitting process through the Washington Energy Facility Site Evaluation Council (EFSEC).

Strauss Wind Project—California

Represented the developer and its parent company in obtaining environmental and land use permits for a 98-megawatt wind project in Santa Barbara County and in defending multiple lawsuits challenging project approvals.

Vantage Wind Project—Washington

Represented the developer of a 104-megawatt wind energy project in central Washington state in real estate acquisition, permitting, and project development.

Wind Governing Contract Documents—Midwest

Represented utilities in drafting and negotiation of governing contract documents relating to the design and construction of wind projects and was involved in the execution stage with an emphasis on budget and schedule and real-time problem resolution.

Wind Governing Contract Documents, Procurement—Midwest

Represented utilities in drafting and negotiating the governing contract documents relating to the procurement of wind turbines, main power transformers, and other major wind facility components.

Wind Project—Arizona

Represented a developer on siting and environmental issues concerning wind generation facility in northern Arizona, including the successful prosecution of an application for a certificate of environmental compatibility before the Arizona Power Plant and Transmission Line Siting Committee.

Wind Project Portfolio

Advising a project owner on federal regulatory issues associated with the acquisition of a nearly 600-megawatt portfolio of wind assets across several states, including regulatory diligence, negotiation of transaction documents, and preparation of required federal regulatory approvals.

Wind Projects—West

Representing a renewable company on several wind projects involving environmental permitting, land use entitlements, and real estate issues.

Offshore Wind

Floating Wind Project—California

Representing developer on the environmental, regulatory, transactional, and policy issues associated with a proposed 765-megawatt floating offshore wind project. Our recent work includes negotiating a first-of-its-kind agreement with the local fishing industry to address the potential impacts of offshore wind on commercial fishing operations.

Floating Wind Project—Washington

Representing a developer on all aspects of its 1-gigawatt floating wind project off the Washington state coast. Developer submitted an unsolicited lease request to the Bureau of Ocean Energy Management (BOEM).

Inflation Reduction Act

Representing an offshore wind developer providing counsel on tax benefits of the Inflation Reduction Act (IRA).

Ocean Wind Transmission Project—New Jersey

Advising a transmission owner and developer on the PJM Interconnection/New Jersey Board of Public Utilities (NJBPU) competitive solicitation for transmission to support the development of offshore wind energy on the Atlantic Coast.

Offshore Wind Project—New York/New Jersey

Representing a leaseholder on the federal environmental, regulatory, and policy issues associated with developing an offshore wind project in the New York Bight wind energy area.

Wind Transmission Project—New York/New Jersey

Advising an energy asset manager and developer on federal issues surrounding building transmission from offshore wind projects in the New York Bight wind energy areas to its existing power generation facilities.

Electric Storage, Electric Vehicles, and Related Infrastructure

Electric Vehicle Regulatory Policy—Nationwide

Advising large electric vehicle (EV) manufacturer on policy engagement to promote EV adoption and reduce barriers to implementing V2G applications in multiple states and with respect to federal agencies across the country.

EV Charging Infrastructure Contracts—Nationwide

Representing distributed energy provider with regard to negotiation of contracts for procurement of EV charging infrastructure for deployment at various sites, as well as negotiation of contracts to supply EV charging infrastructure at various real estate developments across the country.

Electric Vehicle Infrastructure Regulatory Proceedings—California

Serving as regulatory counsel for an electric vehicle (EV) infrastructure manufacturer, owner, and operator in utility regulatory proceedings.

Electric Vehicle Infrastructure Regulatory Proceedings—Illinois

Serving as regulatory counsel for an EV infrastructure manufacturer, owner, and operator in utility regulatory proceedings.

Electric Vehicle Charging Station—IRA

Representing an EV charging station manufacturer and operator providing counsel on tax benefits of the IRA to support the deployment of electric vehicle charging stations.

Energy Storage Contracts—California

Representing a long-duration battery energy storage manufacturer as transaction counsel, negotiating supply contracts.

Energy Storage Contracts—Midwestern United States

Representing a regulated electric utility as transaction counsel, negotiating contracts for the acquisition, development, permitting, and construction of energy storage projects.

Hecate Grid—California

Serving as lead land use and regulatory counsel for a series of large-scale storage projects under development throughout Southern California. The projects will provide critical storage needed to balance the Southern California grid, accommodate more renewable development, and increase resilience in the event of transmission outages.

Hydrogen and Renewable Fuels

Biofuels Permitting—Washington

Representing project developer in connection with the federal, state, and local permitting of a proposed biodiesel and biofuels manufacturing facility. 

Ethanol and Biodiesel Facility Compliance—California

Represented the Port of Stockton as special counsel regarding CEQA compliance for a new ethanol plant and new biodiesel production and distribution facilities to be located on the port’s property.

Hydrogen Development and Permitting—West

Advising a developer on project development and permitting requirements associated with hydrogen production and underground storage on public and private lands.

Hydrogen Due Diligence and Inflation Reduction Act—Minnesota

Representing a clean hydrogen manufacturing company on the due diligence and IRA requirements associated with a green hydrogen manufacturing joint venture.

Hydrogen Project Development—Washington

Advising a developer on real estate, permitting, regulatory, and corporate issues concerning the proposed development of a green hydrogen manufacturing facility.

Hydrogen Real Estate and Permitting—Arizona

Advising a developer on real estate and permitting issues concerning green hydrogen manufacturing facility development.

Natural Gas, Liquified National Gas, and Petroleum Products

Biogas Transactions

Represented client in preparation of memorandum regarding possible rights procurement to offtake biogas from existing biogas facilities (landfills, dairies); acquire existing biogas generating facilities; develop biogas generating facilities (including siting, acquiring environmental and other entitlements, project financing); and contracting for measurement, treatment, transportation via pipeline, and marketing and sales of RNG to end users (while retaining incentives and subsidies).

Cross Cascade Pipeline Project

Represented the company proposing a 230-mile petroleum products pipeline in permitting proceedings.

Fuel Terminals

Represented several clients in connection with the development and permitting of rail-to-vessel terminals for liquid fuels.

Gas Distribution Line—California

Advising project sponsor on environmental review, land use, and regulatory requirements for a proposed lateral gas distribution line to serve a new industrial company in San Bernardino County.

Limetree Bay Terminals—U.S. Virgin Islands

Represented a client in all environmental aspects of the restart of the largest U.S. petroleum refinery, including securing required permits and modifying and transferring certain Clean Air Act (CAA) consent decree obligations. Representation included securing the permits required for the installation and operation of a single-point mooring/offshore loading terminal for liquid cargo such as petroleum products transfer to and from tankers.

Liquified Natural Gas Project—Oregon

Serve as lead counsel for project permitting, regulatory approvals, real estate, and land use issues concerning the LNG export terminal and the associated interstate natural gas pipeline, marine facilities, and compressor station.

Petroleum Refinery Compliance Counseling—West

Served as regional environmental counsel to a petroleum refiner, advising on various CAA and CWA issues arising at refineries.

Renewable Natural Gas Agreements, Counseling, and Compliance

Represent utilities and RNG project developers on interconnection agreements and RNG sales and delivery agreements for purposes of delivering RNG to the interstate pipeline system to satisfy renewable identification number (RIN) and low carbon fuel standards (LCFS) pathway compliance to transportation fuel markets.

Federal and State Utility Regulation

FERC Winter Storm Elliott Complaints

Representing developer of renewable energy and demand response assets in the PJM market with regard to multiple complaints filed against PJM for imposition of capacity performance penalties due to failure to operate during Winter Storm Elliott.

FERC M&A Support

Represent strategic buyers and investment funds with regard to acquisition of generating assets and utility companies in multiple markets across the United States, including preparation of diligence, transaction documents, and applications for authorization under Section 203 of the Federal Power Act.

Electric Reliability Compliance

Representing owners or operators of the bulk-power system in their efforts to comply with reliability standards enforced by the North American Electric Reliability Corporation (NERC) and regional reliability entities, including preparing for audits and responding to notices of potential violations.

Federal Energy Regulatory Commission Enforcement

Representing clients in all aspects of nonpublic FERC enforcement proceedings, including preparing “no-action” letter requests, performing internal investigations which may lead to self-reports, responding to staff investigations, making calls to the FERC Enforcement Hotline, and responding to staff inquiries generated by these calls. 

FERC Compliance

Advising independent power producers, power marketers, and large electric utilities with regard to obtaining and maintaining market-based rate authority from FERC and associated regulatory compliance.

FERC Compliance

Representing a natural gas pipeline and its affiliated gas storage provider with regard to all aspects of FERC compliance, including jurisdictional analysis of proposed transactions, tariff maintenance and market-based rate compliance, advice on and submission of FERC filings related to new products and services, and representation in interstate gas pipeline rate proceedings before FERC. 

FERC Proceedings

Representing a natural gas local distribution company in a wide variety of FERC proceedings, including pipeline rate cases, take-or-pay disputes, and unbundling proceedings. 

FERC Strategy for Tax Equity Financing

Representing large, franchised utilities with regard to federal energy regulatory strategy to support tax equity financing of multiple solar projects, including preparation of filings for market-based rate authority, exempt wholesale generator or qualifying facility status, and waivers of FERC’s affiliate restrictions to permit power sales transactions and sharing of resources among project companies and affiliated franchised utilities.

Regulatory Counsel—Iowa Utilities Board

Obtained an order from the Iowa Utilities Board (IUB) allowing a client to build and receive rate recovery for 1,000 megawatts of wind generation.

State Rate Proceedings—Regulatory Commission of Alaska

Representing intervenors in Regulatory Commission of Alaska (RCA) rate proceedings, including pre-rate case settlements, preparing protests of the initial rate application, all phases of rate litigation, drafting and responding to data requests, participating in settlement discussions, and negotiating and drafting settlement agreements.

State Regulatory Proceedings—California Public Utilities Commission

Represented entrants into competitive electric and natural gas markets in proceedings concerning the unbundling of services and restructuring of California energy markets. 

State Regulatory Proceedings—Public Service Commission of Wisconsin

Representing Midwest utility in a variety of Public Service Commission (PSC) of Wisconsin regulatory proceedings, including the development of over 1,000 megawatts of solar generation in the state.

State Utility Regulatory Proceedings—Washington Utilities and Transportation Commission

Representing Washington’s oldest energy utility in rate cases, rulemakings, resource proceedings, complaint proceedings, and other regulatory proceedings before the Washington Utilities and Transportation Commission (WUTC).

State Utility Rate Proceedings—Public Service Commission of Wisconsin

Represented utilities in electric rate proceedings on issues related to revenue requirement, prudence, fuel cost reconciliation, rate recovery of stranded assets, cost allocation, cost-of-service regulation, rate design, and green tariff development.

Hydroelectric Power

FERC License Application

Represented consolidated water power company in application to amend FERC license for the Wisconsin Biron hydroelectric dam.

Hydropower Licensing and Compliance—Washington

Represented Puget Sound Energy before the FERC in connection with the relicensing of the Baker River and Snoqualmie Falls Hydroelectric Projects, the decommissioning of the White River Hydroelectric Project, and related compliance and dam safety matters.

Klamath River Renewal—California and Oregon

Represented the Klamath River Renewal Corporation before the FERC in connection with the transfer and decommissioning of the Lower Klamath Project to achieve the removal of four dams from the Klamath River in southern Oregon and northern California and the restoration of more than 400 miles of fisheries habitat.

Project Finance—Oregon and Montana

Representing a client in connection with the project financing of hydropower facilities in Oregon and Montana.

Pump Storage—West

Served as primary project counsel for a proposed large pump storage facility. Our work included project structuring, financing, water rights, permitting, and entitlements.

Water Transportation and Hydropower Project—Utah

Representing a public agency on a proposed 140-mile water pipeline to transport water from Lake Powell to Washington and Kane Counties in southern Utah and six hydroelectric facilities, which will supply a portion of the energy needed for the project.

Conventional Fossil Fuel Generation

Cherry Point Cogeneration Project—Washington

Represented developer of a 720-megawatt, gas-fired cogeneration facility in obtaining federal and state permits as well as in the development of a greenhouse gas (GHG) mitigation plan.

Gas-Fired Power Plant—Public Service Commission of Wisconsin

Obtained a certificate of public convenience and necessity from the PSC, allowing the client to build a 700-megawatt natural gas combined cycle plant.

Goldendale Energy Project—Washington

Represented the developer of a 248-megawatt, gas-fired electrical generation facility in obtaining federal, state, and local approvals; acquiring water rights; and in the evaluation and mitigation of potential environmental impacts.

Grays Harbor Energy Center—Washington

Represented the owner of a natural gas-fired generating facility in an EFSEC permit transfer and amendment proceedings, air permit renewals, and in the development and implementation of a GHG mitigation plan.

Operation and Maintenance Contracts—Nationwide

Drafted and negotiated the governing contract documents relating to the long-term operation and maintenance of a portfolio of natural gas generating facilities.

Project Finance—Nationwide

Representing various independent power producers in connection with the development and financing of power plants.

Plymouth Generating Facility—Washington

Represented the developer of a 307-megawatt, combined-cycle combustion turbine project in connection with environmental permitting and water rights issues.

Sumas Energy 2 Generation Facility—Washington, Canada

Represented the developer of a 660-megawatt, combined-cycle combustion turbine facility and associated gas pipeline and transmission lines in Washington EFSEC permitting proceedings and assisted the developer with related proceedings before the Canadian National Energy Board (NEB).

Thermal Plant on Tribal Lands—California

Represented a power plant developer in connection with the preparation of a joint environmental impact study and environmental impact review (EIS/EIR) for the construction and operation of a 600-megawatt thermal power plant on Native American trust lands.

*Prior firm and government experience