Energy Regulatory Proceedings and Litigation

Colorado Electric Resource Planning Proceedings:  Represented both environmental non-profit and IPP interests in Colorado PUC proceedings to approve electric resource plans of the state’s largest utilities. Our advocacy helped accelerate the retirement of coal facilities in Colorado and ensured more robust competitive procurement for new renewable and storage resources.

California High Distributed Energy Future Proceeding:  Our team represents GRID Alternatives, as part of a broader environmental and environmental justice coalition, in a far-reaching proceeding before the California PUC that seeks to design rules and regulatory structures for a future in which there is a much higher penetration of distributed resources.

Successful Enforcement Defense: We secured a successful resolution on behalf of a geothermal project operator of all claims in Certified Unified Program Agency enforcement proceedings before the California Environmental Protection Agency.

Regulatory Approvals for Power Plant Sale:  We successfully represented an IPP in securing PUC approval to sell a natural gas-fired peaking facility to a regulated utility, and were instrumental in negotiating a multi-party settlement to resolve the issues in the proceeding.

Resolution of Power Purchase Agreement (PPA):   Represented a California Community Choice Aggregator (CCA) in a PPA dispute with a renewable energy developer. Following challenges during the permitting of a new project, the developer was unable to meet its obligations under its PPA.  Immediately prior to filing a complaint, our team negotiated a favorable settlement, which provided a substantial payment to the CCA and positioned it well for a replacement procurement process.

Participation in Regional Greenhouse Gas Initiative (RGGI): Represented the Environmental Defense Fund as part of a coalition of nonprofit environmental organizations seeking to defend a Pennsylvania regulation that will allow the Commonwealth to participate in RGGI, a regional cap-and-invest initiative that will reduce greenhouse gas emissions and increase investments in Pennsylvania’s clean energy future. Bowfin Keycon Holdings, LLC v. Pa. Dep’t of Env’t Prot., No. 237 MD 2022 (Pa. Cmwlth.).

Colorado Advanced Clean Trucks Rulemaking:  Represented the nonprofit, Colorado Communities for Climate Action, in advocating for state regulations to increase the number of zero-emission medium- and heavy-duty trucks available for sale in the state. The regulations are designed to result  in a reduction of nearly 22 million metric tons of greenhouse gas emissions over the lifetime of these vehicles and a cost savings of over $15 billion.

Wind Project Permitting & Litigation Defense:  Members of our team worked on the successful environmental review, permitting and litigation defense for the developer of a 315 MW wind project located on land administered by the U.S. Bureau of Land Management. The team completed all state and federal environmental review and permitting processes in 18 months, allowing the client to meet key financing deadlines, and successfully fended off federal court challenges to the permits.

Defense of Regulations to Control Oil & Gas Sector Emissions:  Represented the Environmental Defense Fund and Healthy Air and Water Colorado in challenges to Colorado oil and gas sector emissions requirements. Bd. of Cnty. Comm’rs of the Cnty. of Garfield v. Air Quality Control Comm’n, No. 2020CV30997 (Dist. Ct., City & Cnty. of Denver); Bd. of Cnty. Comm’rs of Weld Cnty. v. Ryan, No. 2020CV31022  (Dist. Ct., City & Cnty. of Denver); Weld Cnty. Bd. of Cnty. Comm’rs v. Ryan, No. 22SC242

Securing Wildlife Protections in Oil & Gas Regulations:  We represented a coalition of wildlife and hunting/angling groups to secure wildlife protections before the Colorado Oil and Gas Conservation Commission, including protection of high-priority habitat, implementation of best practices and imposition of compensatory mitigation where necessary to address unavoidable impacts.