Representative Matters

Conventional Power Generation and Transmission Facilities

  • An 800 MW facility in Linden, New Jersey supplying electric power to Consolidated Edison (Con Ed) and steam to the host refinery. As part of this project we acquired the necessary permits and authorizations for our client to build an underground transmission line from the facility to a Con Ed substation on Staten Island. This effort included obtaining permission to cross under the New Jersey Turnpike and leases from New York and New Jersey for crossing under the Arthur Kill.
  • A 150 MW cogeneration facility in Camden, New Jersey supplying steam to local industries.
  • A 150 MW cogeneration facility in Newark Bay, New Jersey supplying steam to a local publicly owned treatment works (POTW).
  • A 185 MW cogeneration facility in Bayonne, New Jersey supplying steam to a local industry.
  • A 105 MW facility at a major international airport supplying all of the airport's thermal and electrical power needs.
  • A cogeneration facility supplying steam and electricity at a New York State university.
  • Facilities permitted under Article X of the New York State Public Services Law (since expired) include:
    • a 500 MW facility in Orange County New York; and
    • a 580 MW facility in Suffolk County, New York
  • The first major electric generating facility (350 MW) on Long Island, New York in over 40 years. (Post Article X)
  • The siting and proposed construction of a waste wood fired power production facility at a former industrial site in Staten Island.
  • In a case of first impression concerning the requirements for cooling water intake structures at existing power plants, securing a favorable ruling in Texas’s Third Court of Appeals successfully defending a Texas Pollutant Discharge Elimination System (TPDES) permit for a power plant.

Much of the above work required securing land use approvals from local and county governments, as well as state and federal air emission permits, water discharge permits, waterfront development permits, stream encroachment permits, and wetland permits. Often, these proposed facilities were located at industrial sites that required extensive testing and remediation of the soil or groundwater.

Wind

  • Advised a major public utility on issues associated with applying for an eagle take permit for an onshore wind farm.
  • Assisted a major public utility in development of species take avoidance measures that obviate the need for take authorization and mitigation under the Endangered Species Act for wind energy projects.

Offshore Wind

  • Represented a major public utility in the process of acquiring a commercial wind lease on the Outer Continental Shelf.
  • Assisted in compliance with rules, notices, and orders issued under the Outer Continental Shelf Lands Act, Mineral Leasing Act, and Federal Land Policy and Management Act.

Solar

  • Served as counsel in developing and defending a solar facility in the Southern California desert.
  • Served as counsel for the development of a 21 megawatt solar project, including PV solar site due diligence and permitting focusing on water entitlements.

Storage & Efficiency

  • Assisted a client in California with the installation of commercial scale batteries for the storage of renewable energy.
  • Represented demand-response providers.

Coal Combustion Products (CCP)/Waste Management

  • Evaluating impacts from coal ash placement, including assessing impacts to groundwater, private water supplies, irrigation water supplies, and vegetation.
  • Quantifying financial damages arising from CCP sites and/or projects.
  • Assessing permitting requirements for various CCP projects.
  • Auditing CCP storage practices.
  • Assessing environmental issues in connection with certain legacy sites that historically used CCPs.
  • Monitoring CCP legislative and regulatory developments at the federal and state level, for purposes of developing integration strategies for overlapping requirements.

Transactional Support

  • Provided environmental due diligence, risk analysis, and transactional support during the acquisition of real property and power generation assets, on behalf of numerous clients.

  • Advised a national utility on environmental attributes and related provisions contained in Power Purchase Agreements.

Policy Development & Regulatory Advisory Services

  • Advised solar energy companies on regulatory and legislative developments related to renewable portfolio standards and federal tax incentives.
  • Advocated for clients during state and federal environmental rulemakings related to renewable and traditional energy infrastructure.