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Experience
Project and Infrastructure Siting and Permitting
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Provided counsel on the proposed removal of four dams along the Klamath River, one of the most ambitious river restoration projects in the United States.
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Advised developer in the planning and permitting of district utility systems concerning neighborhood-scale mixed-use development projects in California.
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Advised global producer of soda ash in environmental review, permitting, and associated risk management strategies with the proposed development of an export terminal.
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Advised and counseled project developers in the preparation of environmental impact statements in compliance with the National Environmental Policy Act and environmental impact reports in compliance with the California Environmental Quality Act (CEQA) for a range of different projects, including battery energy storage, offshore wind, onshore wind, watershed restoration, surface water storage, transportation and rail, commercial developments, and university campuses.
Regulatory Compliance
- Advised owners of qualifying facilities under the U.S. Public Utility Regulatory Policies Act of 1978 regarding Federal Energy Regulatory Commission (FERC) regulatory compliance, including obtaining and maintaining self-certifications and waivers from certain requirements.
- Advised large electric utilities with regard to obtaining and maintaining market-based rate authority from FERC and associated regulatory compliance.
Transactions
- Represented electric utilities and corporate offtakers in the negotiation of power purchase and sale agreements, including an agreement for carbon-free energy resources in power markets around the United States.
- Conducted diligence for energy developer’s acquisition of underground natural gas storage assets in California for use in carbon sequestration.
Litigation and Administrative Proceedings
- Represented retail property developer in California state court challenge involving administrative writ of mandate and nuisance claims.
- Represented developer of renewable energy and demand response assets in Pennsylvania-New Jersey-Maryland Interconnection (PJM) market regarding multiple complaints filed against PJM for imposition of capacity performance penalties due to failure to operate during Winter Storm Elliot.
- Represented joint powers authority in defense of CEQA challenge brought by environmental groups.
