Greenberg Glusker LLP provides an extensive range of services to clients in the energy sector. Such work has included development and entitlement of renewable energy projects, regulatory counsel to clients in the power generation sector, litigation pertaining to environmental and energy issues, and a variety of energy-related transactions – from negotiation of power purchase agreements (“PPAs”) to representation of clients in connection with the sale and acquisition of electric-generating assets.
Regulatory
We have a significant regulatory practice involving energy-related matters. Particularly with respect to agencies imposing environmental requirements, including but not limited to the State Water Resources Control Board (SWRCB) and the Regional Water Quality Control Boards (RWQCB), the California Air Resources Board (CARB), and the South Coast Air Quality Management District (SCAQMD), and the California Coastal Commission, we are often asked by clients to represent them in administrative proceedings and complex permitting matters. For example, we are helping several utility clients in connection with permitting and enforcement matters at electric generation facilities involving agencies such as the RWQCB, the California Coastal Commission, and CARB.
Transactional
Our team has worked on a variety of project-development related matters, including utility scale solar projects and smaller distributed generation projects. For example, we have done the CEQA/NEPA compliance work on large-scale renewable projects, and we are currently helping a client with a microgrid project in the Los Angeles area as well as direct access to renewable energy sources.
Litigation
Our Energy Practice and Environmental Department have extensive experience litigating and trying cases that involve novel issues of law and complex regulatory backgrounds. Our team routinely handles sophisticated cases involving technical matters, administrative agencies, and utilities (including matters related to climate change, energy production facility operations, CEQA, and preemption concerning certain governmental requirements and tort claims). All the attorneys in our Energy Practice have experience with energy-related litigation, including federal and state court and administrative matters.
Representative Experience
- Negotiating PPA for microgrid solar/battery system on behalf of a large college campus
- Representation of utility-scale solar project developers in connection with land use and environmental development issues and energy matters
- Representation of clients in insurance and dairy industry in connection with California’s cap-and-trade program
- Representation of renewable energy project consultant in connection with various contracts, including customer contracts and engineering design contracts
- Representation of buyers and sellers in connection with portfolio sales of electric generation assets, including wind and solar projects
- Representation of lessors and lessees in connection with portfolio sales of gasoline service stations
- Representation of independent power producer in connection with environmental regulatory matters concerning water and air resources
- Representation of large utility in connection with demolition of power plants
- Representation of major energy companies in connection with litigation relating to variety of environmental and energy issues, including climate change tort claims, rights concerning energy production facilities, administrative law challenges related to electric generation facilities, Superfund actions and contaminated property disputes, and Clean Water Act lawsuits
News
Publications
Article
Trump Methane Rollbacks May Spark Litigation, Hinder Greenhouse Gas Regulation
September 14, 2020
Greenberg Glusker Environmental attorneys, Noah Perch-Ahern and Marisa Choy penned the article, "Trump Methane Rollbacks May Spark Litigation, Hinder Greenhouse Gas Regulation," for Bloomberg Law, published on September 14, 2020. Excerpt: The Trump administration’s new final rules governing methane emissions in the oil and gas industry culminate a multi-year process to roll back limitations promulgated toward the end of the Obama administration. Though the rules address new sources, the changes may directly affect EPA regulation of existing sources and other greenhouse gases (GHGs). The new rules rescind methane-specific emissions limits for the “production and processing” segments of the oil and gas industry, and remove the natural gas “transmission and storage” segment from regulation under the 2012 and 2016 New Source Performance Standards (NSPS) for the Oil and Natural Gas Industry. The EPA asserts that the Obama regulations failed to make a formal “significant contribution finding” prior to setting performance standards for methane or the transmission and storage “source category.” It said this threshold finding is required prior to regulating any air pollutant that was not considered when the agency first listed or regulated an industry category. Read the full article >>
Client Alert
Are Consumers Savvy About “Carbon Neutral” and “Green” Energy Marketing Claims?
January 1, 2018
The Federal Trade Commission (“FTC”) recently announced that it will undertake a review of its Guides for the Use of Environmental Marketing Claims (“Green Guides”) to account for the growing array of “green” energy marketing claims, including those relating to carbon “offsets,” carbon neutrality, or “reducing your carbon footprint.” If your business advertises or otherwise makes claims relating to greenhouse gas reductions, renewable energy certificates (“RECs”), or other opportunities for consumers who buy your goods or services to “offset” or neutralize carbon emissions, you will want to monitor the Green Guides’ review process.
Events
