Environment, Energy and Utilities

Energy, Energy Services and Utilities

  • Assisting clients in resolving a variety of environmental claims and liabilities, and recovering insurance proceeds to pay for site remediation
  • Successfully resolving litigation between Idaho Power and the Nez Perce Tribes concerning hydroelectric dams on the Snake River, together with representing Idaho Power in the ensuing and successful insurance litigation
  • Serving as a lead negotiator in the design and successful conclusion of a complex, 80+ party cost allocation process for one of the first major Superfund aquatic site cleanup projects for a Fortune 1000 publicly traded utility; we served as a lead negotiator for conclusion of consent decrees for performance of cleanup at the site
  • Representing a large publicly-traded gas utility in defense of monopolization and leveraging claims relating to the sale of natural gas
  • Defending a dozen municipal and rural utilities in one of the largest class action securities fraud cases ever; we settled all claims against our clients, almost exclusively through payments by insurance companies, and then successfully defended their attempts to obtain repayment, alleging fraud and misrepresentation
  • Litigating to jury verdicts and settlements claims for more than a dozen environmental sites related to historic manufactured gas operations for a large investor-owned utility, including cases obtaining insurance recoveries in the mid to high eight figures
  • Providing successful litigation of a novel multi-million dollar insurance claim arising out of the destruction of salmon fisheries by Northwest hydroelectric dams
  • Negotiating the Chapter 11 restructure of operating and term loans to a telephone and electric utility operating in more than 20 markets through several operating subsidiaries, and redocumenting a restructured loan to perfect security interests in all operating assets
  • Representing a client in connection with the acquisition, siting and development of one of the nation’s largest wind energy facilities
  • Representing a client in connection with the implementation and development of smart grid technology
  • Advise various local utilities in employment law matters

Environmental Law and Regulation

  • Defending an international energy and environmental services company in a lawsuit claiming inadequate environmental inspection methodology led to cost overruns at numerous cleanup sites; obtained advantageous settlement of claims, protecting client’s good name
  • Counseling members of an environmental services company in the dissolution of a non-functioning partnership and incorporation of a new, employee-owned company
  • Defending a hazardous site cleanup contractor against claims that its work caused extensive contamination problems at the remediation site; obtained settlement with no payments by contractor, and payment by plaintiff of contractor’s attorneys’ fees
  • Obtaining summary judgment for international environmental and engineering consulting firm, dismissing unlawful harassment litigation in federal court
  • Representing a global engineering design firm in age discrimination litigation in federal court
  • Assisting international nuclear energy services company in the permitting of hazardous waste treatment and disposal facility
  • Counsel to industrial clients in formal, on-the-record adjudicatory proceedings before regulatory hearings boards in environmental cases
  • Industrial regulatory planning and compliance assurance for clients in forest products, utility, plastics, agricultural and metallurgy sectors

Natural Resources

  • Co-counsel representing major agricultural grower in water, environmental and food safety matters
  • Counsel to U.S. affiliate of international paper company in business, environmental and natural resource transactions
  • Co-counsel to winery in range of water law proceedings
  • Assisted in food safety and water permitting for raisin dehydrator
  • Negotiations of aquatic lands leases for timber industry clients operating on marine locations

Renewable Energy

  • Serving as counsel to a developer of a biomass fueled combined heat and energy generation project
  • Representing one of the nation’s largest utility owner and operator of wind power in the development of its wind power projects
  • Representing a client in connection with smart grid technologies

Air Regulation

  • New Source Review and Title V permitting for numerous industries
  • Defending violations and enforcement actions by local air agencies and EPA for companies in plastics, metallurgy, transportation and other sectors
  • Regulatory compliance counseling and planning