Review and Permit Counsel

Energy Projects

• Liquefied Natural Gas Project
  Represented a utility in successfully obtaining the regulatory approvals required to build a liquefied natural gas (LNG) facility in Tacoma, Washington, capable of receiving 21,000 Dth/day of natural gas, producing 250,000 gallons/day of LNG, and storing approximately 8 million gallons of LNG. The utility will use the facility to meet its peaking needs and to provide LNG as fuel for in the marine industry.
• Natural Gas Pipeline in Wyoming
  Assisted a developer in determining the regulatory approvals and environmental permits required to construct a natural gas pipeline in Wyoming, including developing a timeline to depicting the approximate time it would take to complete the permitting.
• Photovoltaic Solar Projects in Riverside County
  Represented the project proponent in CEQA compliance and securing land use approvals for two industrial-scale photovoltaic solar projects in Riverside County, California. One project is designed to provide 485 megawatts of electricity generation on 3,800 acres. The second project is designed to provide 437 megawatts of electricity generation on 3,250 acres.
• Offshore Wind Project
  Advise project sponsor on environmental review and permitting for a proposed offshore wind project near Morro Bay, California. The project is under the jurisdiction of the Bureau of Ocean Energy Management, and will require additional approvals from NOAA Fisheries, the U.S. Army Corps of Engineers as well as California state and local agencies.
• Offshore Wind Project
  Represent project sponsor on environmental review and permitting for a proposed 400 MW offshore wind project in Hawaii. The project is under the jurisdiction of the Bureau of Ocean Energy Management, and will require additional approvals from NOAA Fisheries, the U.S. Army Corps of Engineers as well as state and local agencies.
• Solar Project
  Advise developer sponsor on environmental review and permitting for a large-scale solar project in San Bernardino County, California. The representation includes review under California Environmental Quality Act, the Endangered Species Act as well as analysis of water rights and other environmental compliance matters.
• Seawater Air Conditioning Project
  Advise project sponsor on environmental review and permitting for a seawater air conditioning project in Hawaii, which will provide chilled water to Honolulu to reduce the electricity consumption used for air conditioning.
• Wind Energy Projects
  Represented wind energy developers with respect to CEQA, NEPA and Williamson Act compliance and approvals for projects in Alameda, Contra Costa, Solano, Kern and Riverside Counties in California. Key issues include energy loss caused from upwind turbine placement, effects on biological resources, including birds, noise and safety issues associated with risk of thrown blades.
• Solar Generation Project
  Represented investors/developers regarding due diligence, permitting and entitlements, real estate, interconnection agreement, regulatory issues in acquisition and completion of Idaho 80MW photovoltaic generation project connected to Northwest power grid.
• Geothermal Energy Heating System Project
  Represented the City of Boise regarding water rights and other permitting and regulatory issues in successful development and major expansion of municipal direct heating system fueled sustainably by geothermal aquifer, supplying numerous government and commercial buildings in downtown Boise and adjacent Boise State University campus.
• Renewable Energy Project
  Represented company on title and land use risks in acquisition and future financing of wind project in Wyoming.

Transportation Projects

• Light Rail Project
  Advised a Maryland state public transportation agency on preparation of an EIS for a proposed light rail line in the Washington, D.C. suburbs. The project involved issues arising under Section 106, Section 4(f), Section 106, the Endangered Species Act and Migratory Bird Treaty Act as well as state stormwater management requirements.
• Interstate Highway
  Advised an Indiana state transportation department on preparation of a Tier 1 EIS and six Tier 2 EISs for a new interstate highway connecting Evansville to Indianapolis, a distance of approximately 140 miles.
• Toll Bridges Project
  Advised a Kentucky state transportation department on preparation of a Supplemental EIS for two new toll bridges connecting southern Indiana to Louisville.
• High-Speed Rail Project
  Advised a California state rail authority on completion of Tier 2 EISs under NEPA for construction of the nation’s first high-speed rail system.
• Toll Bridge Project
  Advised a Washington state transportation department on preparation of a Supplemental EIS for the proposed replacement of a floating bridge and improvements to adjoining roadways and structures in Seattle.
• Toll Tunnel
  Advised a Washington state transportation department on preparation of a Supplemental EIS for a proposed toll tunnel replacing the Alaskan Way Viaduct in downtown Seattle.
• Major Airport Expansion—Port Of Oakland
  Represented the Port of Oakland regarding CEQA and NEPA compliance for a large-scale expansion program at Oakland International Airport, including air cargo facility expansion, passenger terminal expansion, parking structures, construction of a new cross-airport road, and runway improvements. Together with an environmental consulting firm, we developed new methodologies for analyzing health risks from aircraft, ground service equipment and truck emissions, and for analyzing single-noise events and associated sleep effects from aircraft arrivals and departures.
• Maritime Facilities Expansion—Port Of Oakland
  Represented the Port of Oakland regarding CEQA, NEPA, McAteer-Petris Act and environmental permitting for multiple marine facility projects, including deepening the port's shipping channels to a depth of 50 feet, constructing five new berths in the port's Inner Harbor, and development of an intermodal shipping, rail and truck terminal. Assisted with creating a multimillion dollar, state-of-the-art air quality mitigation plan and comprehensive emissions inventory. Other key issues included analyzing effects from invasive species in ballast water discharges, health risks from ship, rail, truck and yard equipment emissions, and noise from truck and rail operations.

Water Projects

• Water Treatment Facility Project
  Represented the City of Boise in the development, permitting and construction of the Dixie Drain Phosphorus Removal Project, an innovative water treatment facility located on a Boise River agricultural drain. In addition to providing transactional and advisory counsel for the Project, we represented the City in a contested case proceeding where protestants challenged the issuance of a water right for the Project, and in a land use proceeding to obtain a conditional use permit for operation of the Project.
• Water Recycling And Groundwater Replenishment Project
  Advised the project sponsor on environmental review and permitting for a water recycling and groundwater replenishment project in Northern California, which will treat wastewater using state-of-the-art microfiltration and reverse osmosis technology for use in replenishing potable groundwater supplies.
• Restoration of the Klamath River
  Provide counsel on the proposed removal of four dams along the Klamath River, one of the most ambitious river restoration projects in the United States. Once completed, the project will restore more than 400 miles of fisheries habitat along the California and Oregon border. Our counsel includes representation before the Federal Energy Regulatory Commission and California’s State Water Resources Control Board, and advice on the National Environmental Policy Act, California Environmental Quality Act, federal Endangered Species Act and Clean Water Act.
• New Water Supply Intake On The San Francisco Bay-Delta
  Represented Contra Costa Water District in obtaining the approvals for a new water supply intake located on the San Francisco Bay-Delta, including preparation and certification of a joint EIS/EIR in coordination with the U.S. Bureau of Reclamation. CCWD approved the project to protect its customers from seasonal fluctuations and long-term degradation of water quality in the Delta. Our representation also included defense and settlement of litigation brought by the San Luis & Delta Mendota Water Authority to challenge the project approvals, resulting in full dismissal of all litigation claims.
• Reservoir Expansion
  Represented the Contra Costa Water District in joint NEPA-CEQA compliance and securing permits for expansion of its major drinking water reservoir located near the San Francisco Bay-Delta. The matter involved negotiating a coordinated operations agreement, with the U.S. Bureau of Reclamation to address water supply conflicts, and amendments to conservation easements held by the California Department of Fish & Game on land surrounding the existing reservoir. Key issues also included endangered species impacts to delta smelt from reservoir filling and operations.
• Water Transportation and Hydropower Project in the Southwest
  Represent public agency on a proposed 140-mile water pipeline to transport water from Lake Powell to Washington and Kane Counties in southern Utah that crosses Bureau of Land Management and National Park Service lands. The project will also include six hydroelectric facilities, which will supply a portion of the energy needed for the project

Project Finance

Solar

Represented a leading utility in connection with the development, acquisition and sale-leaseback financing of a solar power project in southern Oregon.

Solar

Guided the end users and related financing parties in various solar and solar thermal projects located on military installations in Arizona, California, Colorado, Hawaii, New Mexico and North Carolina.

Geothermal

Counseled a leading international geothermal developer in the construction and financing of geothermal projects in Utah and New Mexico.

Hydrothermal

Represented a Canada-based lender in the project financing of hydrothermal projects in Oregon and Idaho.

Litigation Defense

Friends of the Capital Crescent Trail v. Federal Transit Administration, 877 F.3d 1051 (D.C. Cir. 2017)

Upheld Federal Transit Administration’s approval of the Purple Line transit project in Maryland

Central Oregon Landwatch v. Connaughton, 696 Fed.Appx. 816, 817 (9th Cir. 2017)

Upheld U.S. Forest Service’s approval of a water pipeline project across federal land in Oregon.

Citizens for Appropriate Rural Roads v. Foxx, 815 F.3d 1068 (7th Cir. 2016)

Upheld Federal Highway Administration’s approval of highway project in Indiana.

Western Watersheds Project v. Jewell, 601 Fed.Appx. 586 (9th Cir. 2015)

Upheld Bureau of Land Management’s approval of solar power project in California.

La Cuna de Aztlan Sacred Sites Protection Circle Advisory Committee v. U.S. Dept. of the Interior, 603 Fed.Appx. 651 (9th Cir. 2015)

Upheld Bureau of Land Management’s approval of solar power project in California.

Coalition for Advancement of Regional Transportation v. Federal Highway Administration, 576 Fed.Appx. 477, 479 (6th Cir. 2014)

Upheld Federal Highway Administration’s approval of toll bridges project in Louisville, Kentucky.

Ouachita Riverkeeper, Inc. v. Bostick, 938 F.Supp.2d 32 (D.D.C.,2013)

Upheld U.S. Army Corps of Engineers’ approval of water pipeline project.

Preservation Pittsburgh v. Conturo, 477 Fed.Appx. 918, 919, 2012 WL 1450537 (3rd Cir. 2012)

Dismissed claims against Federal Highway Administration in connection with its involvement in urban redevelopment project.