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
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 »

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 »

Adam D. Orford

Adam is an advocate and counselor with experience in redevelopment and closure of contaminated sites, management of hazardous substances, acquisition, challenge and defense of state and federal air, water and waste permits, impact review of real estate development, transportation and energy infrastructure, environmental diligence in corporate acquisitions, corporate environmental disclosure, mu More »

Dustin T. Till

Dustin advises private and public clients on energy and environmental matters. He has represented clients in rate proceedings before the Bonneville Power Administration, the Federal Energy Regulatory Commission, and the Ninth Circuit Court of Appeals. He has also defended challenges to energy infrastructure projects and negotiated settlements in complex hazardous waste cleanup matters. More »