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.

Michael C. Dotten Practice Head

Michael C. Dotten heads Marten Law’s Portland office. He 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 »

Richard H. Allan

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 »

Erika Anderson

Erika represents clients in complex transactional matters relating to cleantech, energy and sustainability. She has special expertise in markets for carbon emission credits, such as California’s cap and trade program under AB-32. More »

Svend A. Brandt-Erichsen

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. More »

Kevin T. Haroff

Kevin Haroff is the managing partner for the firm’s San Francisco office. He has represented businesses, individuals, and governmental entities in civil litigation and regulatory matters for more than 25 years. More »

Daniel K. Kolta

Daniel’s practice focuses on environmental law and litigation, energy, and clean technology. Daniel has significant experience working with a variety of federal and state administrative agencies, and he has special expertise on endangered species and California water policy and supply issues. More »

Adam D. Orford

Adam represents public and private clients in complex environmental civil litigation and regulatory matters. He has conducted both trial and appellate litigation in federal and state tribunals across the country, including the Second and Ninth Circuit Courts of Appeals, Eastern District of New York, Oregon Office of Administrative Hearings, and Virginia State Corporation Commission. More »

Dustin T. Till

Dustin advises private and public clients on environmental and energy issues. More »

Green Diamond Resource Company: Climate Change Protocols and Provisions

We have counseled Green Diamond, one the largest timberland owners in California, on development of California’s protocol for forestry-based emission offsets, and on emission offsets provisions in pending federal legislation. 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 »

Summit Power Group Inc.: Dept. of Energy Grant for First Integrated Gasification Combined Cycle Project in U.S.

We assist this independent power developer, which is building the first integrated gasification combined cycle (IGCC) project in the U.S. to use carbon capture and sequestration. We have provided advice on a federal Dept. 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 »