Svend represents energy clients with development, operation, and litigation. His clients include petroleum, coal and alternative energy firms, utilities, and independent project developers. He also works with timberland owners and others participating in carbon offset markets. Svend chairs the firm’s Climate Change practice group.
Svend has litigated claims and advised companies on permitting and other issues arising under all of the major environmental statutes, including the Clean Air Act, Clean Water Act, RCRA, and the ESA. He also has litigated the adequacy of environmental assessment and impact statements under NEPA and its state law counterparts. He has advised utilities on TSCA requirements, and helped utilities negotiate the fish and wildlife mitigation measures for hydroelectric projects. Svend routinely handles appeals involving environmental matters, having argued cases in the Fifth, Ninth, and Federal Circuit Courts of Appeals and the State courts in Washington and Alaska, and participated in appellate proceedings in the Third, Sixth, and D.C. Circuits.
Representative Experience
- Counsel to independent power developer building first ever integrated gasification combined cycle (IGCC) project in the U.S. to use carbon capture and sequestration. Advice on federal Dept. of Energy grant application and federal tax credit application, Clean Air Act and state greenhouse gas regulation, federal carbon sequestration policy, and NEPA compliance.
- Represented a municipal utility in the restructuring of a regional power authority, including negotiation of changes to the power authority’s governance structure and renegotiation of power sales agreement.
- Assisting clients with matters under the Endangered Species Act, including successfully opposing petitions to list a herring population and a whale population; advice regarding ESA consultations; litigation over habitat conservation plans; litigation over adequacy of biological opinions; and litigation over an agency’s failure to conduct ESA consultation.
- Advising a major oil pipeline on environmental matters, which have included participating in development of significant air pollution control regulations and advice on implementing the resulting rules; regulatory interpretations; air and wastewater discharge permitting; permit appeals; advice on oil spill response, cleanup and cost recovery; litigation (including appeals) over regulations, agency user fees, and rights-of-way.
- Represented parties in several actions involving disputes over compliance with NEPA and its State equivalents, including adequacy of an EIS under federal law in connection with a federal land exchange; adequacy of an EIS under state law in permitting of a Washington landfill; and adequacy of an EIS under state and federal law in permitting of gravel mine expansion.
- Represented plaintiffs and defendants in a variety of matters involving cost recovery and natural resource damage claims under CERCLA and its State law counterparts, as well as common law claims.