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Experience
Energy and Infrastructure Projects
Offshore Wind Project in California
Serve as environmental and permitting counsel on a proposed offshore wind project in central California. Provide policy advice and counsel on approvals required from all federal agencies, potential ramifications of the proposed designation of the Chumash Heritage National Marine Sanctuary, and opportunities for stakeholder and tribal engagement, and advocacy before federal agencies.
Offshore Wind Project in the New York Bight
Serve as environmental and permitting counsel on a proposed offshore wind project in the New York Bight. Provide policy advice and counsel on approvals required from all federal agencies and opportunities for stakeholder and tribal engagement, and advocacy before federal agencies.
Offshore Wind Project in Hawaii
Serve as environmental and permitting counsel on a proposed 400 megawatt (MW) offshore wind project in Hawaii, which will assist Hawaii in achieving its 100% renewable energy mandate. The project is under the jurisdiction of the Bureau of Ocean Energy Management (BOEM) and will require additional approvals from the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service and the U.S. Army Corps of Engineers, as well as state and local agencies.
Offshore Wind Project in California
Represented the developer of a proposed offshore wind project near Morro Bay, CA, providing counsel on the Bureau of Ocean Energy Management (BOEM) leasing process and recognition of the value of stakeholder agreements in support of offshore wind development, and on the potential ramifications of the proposed designation of the Chumash Heritage National Marine Sanctuary.
Offshore Wind Developer
Provide regulatory and policy counsel to a leading international developer of deep-water wind energy facilities, including pioneering wind and transmission developments in United States mainland and territorial waters.
Offshore Wind
Provide regulatory and policy counsel to leading non-governmental organization regarding measures to improve the environmental review and authorization of wind and transmission developments in U.S. waters.
Offshore Wind Project in Delaware*
Represented an offshore wind developer seeking to construct a project in federal waters offshore Delaware.
Transmission Developer
Represent independent transmission developer on federal regulatory issues related to offshore wind project development.
Mid-Atlantic Transmission
Advise a transmission owner and developer on federal regulatory issues related to the PJM Interconnection/New Jersey Board of Public Utilities solicitations for transmission to support the development of offshore wind energy on the Atlantic Coast.
Federal Environmental and Land Use Permitting and Compliance
Serve as counsel to energy companies on land use, permitting, environmental, consultation, and regulatory issues, with a focus on federal lands. Work with clients to review National Environmental Policy Act (NEPA) documents and other reports for legal sufficiency and to build a strong administrative record.
Corporate Carbon-Free Energy Procurement and Policy
Represent corporate offtakers in the negotiation of power purchase and sale agreements (both physical and virtual) for solar, wind, and other carbon-free energy resources in power markets around the United States, as well as innovative transactions related to synthetic community solar.
Federal Grants and Loans
Inflation Reduction Act Tax Credits and U.S. Department of Energy Funding under the Inflation Reduction Act (IRA) and Infrastructure Investment and Jobs Act (IIJA)
Provide strategic advice to companies assessing various funding opportunities emerging from the IRA and IIJA, including DOE clean energy and manufacturing grants, financing from DOE’s Loan Program Office under Title 17, and tax credits offered by the U.S. Department of the Treasury. Advise companies on requirements of DOE grants, including compliance under NEPA, and work with applicants to prepare their funding applications, including preparation of mandatory Community Benefit Plans.
Litigation and Administrative Proceedings
Lead Joint Defense Counsel—False Claims Act Litigation*
Joint defense counsel for more than 300 natural gas transmission companies and other purchasers, gatherers, and transporters of gas in complex nationwide multidistrict multibillion-dollar False Claims Act (FCA) litigation alleging underpayment of royalties on federal and tribal lands due to natural gas mismeasurement. In re: Natural Gas Royalties Qui Tam Litigation, 562 F.3d 1032 (10th Cir. 2009); In Re: Natural Gas Royalties Qui Tam Litigation, 467 F.Supp.2d 1117 (D. Wy 2008).
Litigation Counsel in Federal Court and Before Federal Agencies*
Represented energy companies in federal court litigation and before agencies on issues regarding ownership of mineral rights, royalty disputes, and compliance with federal statutes.
U.S. Department of Justice Trial and Appellate Counsel*
Defended the Immigration and Naturalization Service (INS) against habeas corpus petitions and petitions for review brought by individuals and large classes of immigrant plaintiffs. Briefed and argued dozens of cases in both district and circuit court, leading to multiple favorable published decisions.
Compliance and Enforcement*
Represented major multinational corporations in criminal matters, including U.S. Securities and Exchange Commission (SEC), congressional, and grand jury investigations. Conducted internal investigations and developed compliance recommendations.
*Prior Experience
