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Alternative Energy

Alternative Energy

Permitting Renewable and Alternative Energy Projects

We have assisted clients with siting renewable and alternative energy projects, including wind, biogas, solar, biomass, and hydroelectric power. We help clients develop infrastructure transmission access, and to resolve regulatory issues. We prepare and negotiate power purchase arrangements and advise clients on land use, environmental review, ESA, water rights, water quality, and air permitting matters arising during project planning, development, and operation. We regularly represent private developers and utilities in state regulatory and FERC proceedings, and in court.

We also assist alternative energy clients in issues related to climate change and carbon sequestration. We have helped clients with federal carbon sequestration policy, Dept. of Energy grants, Clean Air Act, and NEPA compliance.

Experience

  • Asset Acquisitions
  • Compliance Counseling
  • FERC Proceedings
  • Hydroelectric Licensing
  • Litigation
  • Negotiations
  • Permitting
  • Power Purchase Agreements
  • Project Development and Operations
  • Qualifying Facilities
  • Transactions
  • Transmission Access

Representative Client Work

Project Development

Counsel to independent power developer building the 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 greenhouse gas regulation, federal carbon sequestration policy, and NEPA compliance.
The project, to be built near Odessa, Texas, has been awarded $350 million in federal grants and is planned to start construction in 2010. The plant will integrate proven carbon capture and gasification technologies designed to achieve a 90% carbon capture, the highest ever proposed.
Represent a solar power developer in evaluating permitting, transmission, and power purchase agreement matters related to three potential project sites.
Advised a member-owned utility on handling potential air traffic impacts on a proposed wind project.
Assisted a client in developing a 1 MW fuel cell test generation project at an electrically sensitive site.
Advised several wind power project developers in obtaining needed substation access, rights of way, generation interconnection rights, and transmission contracts.
Assisted a national wood products company in evaluating, permitting, and purchasing capital equipment for biofuels generating facility.

Environmental Issues

Advised a solar project developer on environmental issues presented by installations at several sites in California and New Jersey, including a federal Superfund site and a site that contained critical habitat for an ESA-listed species, and advised the developer in allocating environmental attributes of its California project.

Power Sales Contracts

Advised a major wood product company in developing and obtaining power sales contracts for cogeneration projects for facilities Oregon, Kentucky, Pennsylvania, Arkansas, and Louisiana, and represented the client in regulatory proceedings with regard to those projects.
Assisted a major wood products company in obtaining a favorable electric power sales agreement in Montana with a large regional electric power utility

Acquiring Qualifying Facility Status

Represented a major wood products client before the Federal Energy Regulatory Commission to acquire Qualifying Facility status for cogeneration facilities.

Richard H. Allan

Richard H. Allan

Richard Allan is the managing partner of the firm’s Portland office. Richard represents developers in the acquisition, siting, expansion and operation of major projects, with an emphasis on energy facilities, but also including industrial facilities, ski areas, and destination resorts. More

Andrew C. Bell

Andrew C. Bell

Andrew Bell advises clients on the permitting of large-scale energy and real estate development projects on private lands in California and on federal public lands across the western United States. He represents some of America’s largest private and publicly traded corporations before local, state and federal regulatory agencies on a daily basis. More

Marina D. Cassio

Marina Cassio

Marina Cassio’s practice focuses on litigation, permitting, and compliance counseling within the areas of environmental, natural resources, land use, and product law. More

Michael C. Dotten

Michael C. Dotten

Michael Dotten has practiced in the energy, environmental, and administrative law fields for over thirty years, representing utilities, energy project developers, large industrial energy consumers, and governmental agencies. He also serves as an arbitrator and mediator in complex regulatory and commercial disputes. More

Jessica K. Ferrell

Jessica K. Ferrell

Jessica Ferrell's practice focuses on environmental and natural resource litigation. She represents public and private clients in cases arising under the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, NEPA, CERCLA, MTCA, the Clean Water Act, and other federal, state, and local environmental laws. More

Kevin T. Haroff

Kevin Haroff

Kevin Haroff is the managing partner of the firm’s San Francisco office. He has represented Fortune 100 corporations, governmental entities, and private citizens in civil litigation and regulatory matters for more than 25 years. More

Sarah J. Wightman

Sarah Wightman

Sarah Wightman’s practice focuses on environmental, natural resources, and land use litigation and compliance, as well as product and environmental counseling. More

EDF Renewable Energy, Inc.: 150 MW Desert Harvest Solar

We have counseled EDF Renewable Energy, Inc. on the permitting of the Desert Harvest Solar project in Riverside County, California. The 150 megawatt solar photovoltaic project was one of seven nationally significant solar and wind energy projects expedited as part of President Obama’s 2012 "We Can't Wait" initiative. More

Energy Facility Developer: California Utility-Scale Solar Projects

We provide utility-scale solar due diligence and permitting advice to one of the nation’s largest privately held companies. Projects have ranged from 20 to 350 megawatts. Our work has focused primarily on environmental impact reviews, endangered species, and land use entitlements from local governments and the Bureau of Land Management. More

Ogin, Inc.: Wind Repower Permitting and Land Use Due Diligence

We have provided California land use and natural resource counsel to Ogin, Inc. for the acquisition and repowering of multiple wind project sites with a new, shrouded turbine technology. More

Pattern Energy: Court Upholds Federal Right of Way for California Wind Project

On February 27, 2013, the U.S. District Court for the Southern District of California granted Pattern Energy and the United States Bureau of Land Management summary judgment on all claims in the suit brought by the Quechan Tribe against the Ocotillo wind project, located near San Diego. More

Solar Energy Industries Association (SEIA): BLM Competitive Leasing Rule

On behalf of SEIA, Marten Law prepared comments on a proposed rule of the Bureau of Land Management (BLM) that would radically alter the permitting process for wind and solar projects on BLM-administered lands by allowing BLM to establish a competitive process for wind and solar development across all public lands it administers. More

Wind Developers: Substation, Distribution and Transmission Access

We have represented wind power developers in obtaining critical substation, distribution, and transmission interconnection access to permit wind developers to obtain access to favorable markets. More