Energía

Experience Highlights

• BP as primary environmental counsel since 2010 for matters related to the Deepwater Horizon oil spill. We have been core members of BP's virtual legal team; acted as lead counsel to the incident investigation team; managed the economic claims process; defended against citizen action lawsuits; led its Natural Resource Damages (NRD) defense; participated as trial counsel in the Clean Water Act penalty phase; participated in the defense of federal government and foreign state actions; and acted as lead counsel on claims related to federal debarment.

• Enphase Energy in multiple offerings of convertible senior notes for aggregate proceeds of approximately US$400 million.

• Karkey Karadeniz Elektrik Uretim AS, the leading Turkish energy company, in an investment arbitration filed at ICSID against Pakistan pursuant to a bilateral investment treaty. The tribunal ruled in our client's favor on the merits, with the third-largest award of damages in ICSID history and sixth-largest investment arbitration of all time (excluding awards that were later annulled), at the time of issuance.

• PJM Power Providers Group (P3), whose members include Exelon, PSEG Energy Resources & Trade, Calpine, NRG, PPL Corporation, and NextEra Energy Resources LLC, as well as the PPL companies individually, in the U.S. Supreme Court's review of FERC Order No. 745 relating to demand response.

• Resolute Energy Corporation, an independent oil and gas company, in its $1.6 billion merger with Cimarex Energy Co., and in numerous capital markets transactions.

• The AES Corporation in its strategic investment in Simple Energy, the leading provider of utility-branded marketplaces and customer engagement software, and (as the majority stockholder in Simple Energy) in the merger of Simple Energy into Tendril Networks.

• Major midstream gas company as lead trial counsel in arbitration arising from contracts governing processing plant and pipeline operations; prevailed on all claims

• Electric utility in providing legal advice regarding permit modifications for wastewater and cooling water intake structures for multiple electric generating stations.

• Growth Energy, a biofuels trade association, in providing regulatory and litigation assistance in connection with efforts to relieve regulatory restrictions on marketing of blends of gasoline and 15 percent ethanol (E15), and in connection with EPA rulemaking proceedings concerning the Renewable Fuels Standard.

• BP in over a dozen novel climate change lawsuits filed by state and local governments including in California, Delaware, the District of Columbia, Hawaii, Maryland, New Jersey, New York, Rhode Island, South Carolina, and Washington, and by a fishermen's trade association. The plaintiffs allege that greenhouse gas-driven sea level rise is currently damaging their coastal communities and civil infrastructures.

• Major multinational energy company in helping to establish the foundation for its Carbon Capture Use & Storage (CCUS) business through a comprehensive assessment and comparison of regulatory and liability regimes across various states, as well as to evaluate federal regulation of potential onshore and off-shore CCUS projects. 

• Honeywell in negotiating leases of over 80 acres of contaminated properties in Syracuse for four solar projects that will advance corporate sustainability goals, provide an economically-productive and cost-effective option for remedial closure, and put these properties back into productive reuse.

• Carbon dioxide removal company in negotiating voluntary carbon credit offtake agreements and navigating related project development transactional work, including drafting pore space agreements for carbon sequestration rights. 

• Major international hydropower company in developing and implementing a strategy for engagement with DOE on potential options for enabling the construction of a major transmission line that will connect hydroelectric power from Canada to the northeastern power grid.

• POET in a range of regulatory compliance, rulemaking, and litigation matters, including representing client in litigation in the U.S. Courts of Appeals for the Eighth Circuit and the D.C. Circuit regarding EPA’s position on granting renewable fuels credit for cellulosic ethanol generated from corn kernel fiber.

• Carbonvert, a carbon capture start-up, on corporate formation, financing, joint venture negotiations, offshore carbon capture storage lease, midstream, and carbon market considerations.

• Major biofuels producer and novel Sustainable Aviation Fuel producer in regulatory matters concerning credits for biofuel production that are tied to life-cycle greenhouse gas performance under the federal Renewable Fuels Standard (RFS) program. 

• Renewable energy company in advising on CCS-related strategic permitting considerations in relation to its development of a CCS storage facility co-located with its wind farm, transmission line to California, and proposed green hydrogen production facilities.