Energy

Project Development, Permitting, and Land Use

• Led permitting, land use approvals, and intergovernmental agreements for a 5MW solar project, including water and air quality offset agreements and FAA noninterference approvals.
• Oversaw tribal environmental review and Bureau of Indian Affairs processes for a wind generation facility on tribal lands, including related permitting and infrastructure coordination.
• Conducted due diligence and permitting analysis for the acquisition and development of solar, wind, and battery storage projects, including evaluation of biological, cultural, and regulatory issues.
• Assisted clients with entitlement, CEQA compliance, and environmental review matters related to energy and infrastructure development projects in California.

Regulatory, Environmental, and Public Policy

• Assisted clients in navigating California environmental and greenhouse gas regulations, including matters involving CARB, CEQA, stormwater compliance, and climate-related regulatory requirements.
• Represented clients before federal, state, and local agencies in environmental enforcement, permitting, and regulatory matters involving energy and infrastructure projects.
• Assisted a balanced energy-focused nonprofit in CPUC intervenor proceedings related to energy rulemaking and regulatory policy.
• Advised clients on environmental compliance, hazardous waste management, and Proposition 65 matters related to industrial and energy-adjacent operations.

Energy Transactions and Commercial Agreements

• Drafted and negotiated power purchase agreements (PPAs), energy services agreements (ESAs), and related commercial agreements for solar, battery storage, EV, cogeneration, and wind projects across distributed and utility-scale developments.
• Structured and negotiated agreements for public-sector and tribal energy projects, including intergovernmental agreements, utility coordination arrangements, and infrastructure-related contracts.
• Conducted private placements, asset purchases, and merger transactions for companies operating in the solar and clean technology sectors.
• Advised energy startups and technology companies on financing, governance, capital raising, and commercialization strategies related to clean energy and infrastructure technologies.

Energy Technology and Intellectual Property

 Built and managed global patent portfolios for energy and infrastructure technologies involving grid systems, power modules, energy storage systems, EV charging systems, transmission technologies, and AI-enabled energy management systems.

• Secured patents and intellectual property protection for renewable electricity battery technologies, EV powertrain systems, greenhouse gas reduction technologies, and next-generation IoT-enabled energy platforms.
• Advised global technology companies on intellectual property strategy, licensing, and commercialization involving sustainable energy systems and infrastructure technologies.
• Assisted clients with export control analysis, international patent strategy, and cross-border intellectual property portfolio management related to energy and infrastructure technologies.

Tribal and Public-Sector Energy Projects

 Represented tribal governments and tribal entities in renewable energy development projects involving solar, wind, utility infrastructure, and community energy initiatives.

• Negotiated and implemented intergovernmental agreements related to tribal utilities, energy infrastructure, and public-sector development initiatives.
• Assisted in the development of Joint Powers Authority structures and community energy arrangements designed to support renewable energy deployment across municipalities.
• Advised tribal governments on utility development, acquisition of energy infrastructure, rights-of-way, and operational governance related to tribal energy systems.

Operations, Risk Management, and Disputes

 Represented clients in environmental enforcement actions, including matters involving industrial discharges, stormwater compliance, air quality regulations, and alleged contamination claims.

• Negotiated significant reductions in penalties and enforcement exposure arising from environmental compliance and regulatory disputes.
• Litigated and resolved disputes involving energy infrastructure, permitting, environmental compliance, insurance recovery, and operational impacts related to energy and industrial facilities.
• Advised clients on operational risk management, environmental liabilities, insurance coverage, and dispute resolution strategies related to energy and infrastructure projects.

When should legal counsel be involved in an energy project?

Ideally at the earliest stages of planning and development. Energy projects often involve permitting, land use, infrastructure, financing, and regulatory considerations that can significantly affect timing, cost, and long-term operations. Early involvement helps identify risks and structure projects more effectively from the outset.

What legal issues most commonly delay energy and infrastructure projects?

Delays often arise from permitting and entitlement challenges, environmental review, utility coordination, land use disputes, and contractual issues involving contractors, suppliers, or project partners. Regulatory changes and evolving compliance requirements can also affect project timelines and costs.

How does California’s regulatory environment impact energy projects?

California’s regulatory framework is among the most complex and rapidly evolving in the country. Energy projects often involve overlapping requirements related to CEQA, CARB, CPUC, greenhouse gas regulations, and local permitting. Navigating these frameworks requires both technical understanding and strategic coordination across agencies and stakeholders.

Why do energy projects require coordination across multiple legal disciplines?

Energy projects frequently involve a combination of environmental review, real estate, construction, financing, intellectual property, regulatory compliance, and operational issues. Coordinated legal guidance helps ensure that decisions made in one area support the project’s broader commercial and operational objectives.

What agreements are most critical in energy and infrastructure projects?

Key agreements often include power purchase agreements, energy services agreements, development and construction contracts, interconnection arrangements, land use and lease agreements, and joint venture or financing documents. These agreements are central to allocating risk, defining operational responsibilities, and supporting long-term project viability.

How do intellectual property issues arise in the energy sector?

Intellectual property issues frequently arise in connection with energy storage systems, grid technologies, EV infrastructure, software platforms, AI-enabled systems, and other emerging technologies. Companies often need coordinated strategies involving patent protection, licensing, commercialization, and protection of proprietary systems and data.

What unique legal issues arise in tribal energy projects?

Tribal energy projects often involve additional regulatory, jurisdictional, and intergovernmental considerations, including tribal sovereignty, federal approvals, land status issues, utility coordination, and culturally sensitive environmental review. Successful projects typically require close coordination among tribal governments, agencies, utilities, and private-sector participants.

How do you help clients manage risk and cost in complex energy projects?

We focus on practical execution and early risk identification. That includes structuring agreements carefully, prioritizing key regulatory and operational issues, coordinating across disciplines efficiently, and helping clients avoid unnecessary delays or escalation that can increase project costs.

How do disputes typically arise in energy projects?

Disputes may involve permitting and regulatory issues, construction and infrastructure delays, environmental compliance matters, commercial contract disputes, or disagreements involving technology and operational performance. Many can be addressed strategically through negotiation and project management before litigation becomes necessary.

When should a company consider changing or expanding legal counsel for energy matters?

Companies often reassess counsel as projects scale, become more complex, or involve multiple jurisdictions, agencies, or disciplines. This is particularly relevant when a more integrated approach is needed to coordinate development, regulatory, infrastructure, technology, and operational issues efficiently.