Energy & Sustainability

As energy and sustainability markets continue to evolve and new technologies mature, companies face both opportunities and challenges in developing and procuring energy resources domestically and internationally. Our Energy and Sustainability practice provides practical guidance to help clients keep pace with new developments and adapt to an evolving legal and regulatory environment.

We work closely with business clients as they make strategic energy decisions, and we support energy suppliers in developing new and improved technologies. Our energy and sustainability lawyers represent organizations of all sizes in a broad range of domestic and international energy matters. We also help clients develop and maintain responsible approaches to traditional, alternative, and renewable energy.

From startups to established industry participants, clients rely on us for comprehensive legal services that support their business objectives. Our lawyers visit development sites and energy facilities, attend board meetings, advocate in administrative proceedings at every level of government, and, when necessary, appear before state, provincial, and federal courts to protect clients’ interests.

Our Team

Our energy and sustainability team includes lawyers from closely related disciplines, including energy, environmental, utility regulation and markets, public finance, real estate, corporate, construction, and intellectual property. Together, they bring broad experience and practical insight into the legal, regulatory, and operational issues our clients face.

Our Services

Electric

• Advocating for public policies that support advanced energy technologies
• Negotiating and enforcing power supply and transmission contracts
• Representing clients before the Federal Energy Regulatory Commission and state public utility commissions on approval, rate design, and deregulation matters
• Advising on the development of distributed generation facilities, wind and solar projects, cogeneration facilities, alternative energy production facilities, and publicly owned electric generation and distribution systems
• Counseling equity funds on due diligence related to facility acquisitions, including one of the largest cogeneration facilities in the United States
• Advising utilities on siting and land use approvals for major cogeneration facilities

Alternative and Renewable Energy

• Obtaining state siting certificates and environmental permits for utility-scale solar and wind projects
• Handling utility regulation and litigation involving rates, regulations, and tariffs for renewable and distributed energy resources
• Green construction
• Biofuels and biomass production
• Emissions trading
• Renewable energy credit financing
• Sustainability policy development and implementation

Oil and Gas

• Representing mineral owners, energy producers, and transporters
• Drafting and negotiating oil and gas leases and contracts
• Handling civil and administrative litigation before state and federal courts and agencies
• Advising on the development and financing of energy production facilities
• Negotiating agreements involving the production, purchase, and sale of oil and natural gas reserves

Mining

• Obtaining and defending land and mining rights
• Obtaining and maintaining mining leases
• Land preservation and endangered species matters
• Hard rock mining
• Mining safety and regulatory compliance
• Conducting due diligence investigations
• Mineral title examinations

Water Resources

• Representing utilities in acquiring and managing water resources
• Handling water rights regulation and litigation

Representative Matters

• Served as lead counsel in electric and gas utility rate cases and related state court appeals in Ohio.
• Advised major clean energy developers and energy efficiency companies on state policy and regulatory matters.
• Served as lead trial counsel in federal district court litigation involving competing possessory mining claims.
• Served as co-lead counsel in successfully opposing the transfer of an on-river Colorado River water entitlement.
• Advised parties in the oil and gas, mining, and electricity industries on production, generation, transmission, storage, deregulation, contracts, leases, purchases, sales, and litigation.
• Represented mineral owners and producers in negotiating and enforcing oil and gas leases and related agreements.
• Represented international gas producers and utilities in civil litigation concerning the effect of changes in U.S. regulations on long-term gas sales contracts.
• Served as bond counsel to municipal electric utilities and independent power producers in financing large electric generating stations, transmission systems, and related facilities.
• Represented cogeneration clients in one of the largest consolidated proceedings before the Michigan Public Service Commission.
• Obtained land use permits for a landfill gas cogeneration facility, including environmental impact assessments, evaluations of alternatives, and mitigation plans.
• Served as lead counsel in acquiring water supplies for six utility-scale solar projects in Nevada and Arizona.