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 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

Jessica K. Ferrell

Jessica Ferrell is an accomplished first-chair trial lawyer and head of Marten Law’s Litigation Practice Group. She has 14 years of diverse courtroom and advisory experience and an extensive background in energy and environmental law and policy.

Kevin Haroff has represented Fortune 500 corporations, governmental entities, and private citizens in civil litigation, regulatory issues, and alternative dispute resolution matters for more than 30 years. More

Merissa Moeller

Merissa Moeller brings multi-faceted experience with environmental and land use matters, from her work for state and regional natural resources agencies, the private sector, and the courts. Those diverse experiences help Merissa to place complex legal issues in a real-world context to deliver practical solutions for clients. More

Alexa M. Shasteen

Alexa Shasteen’s practice focuses on environmental, natural resources, and land use litigation, as well as environmental and product compliance and permitting. More

Sarah J. Wightman

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