Kaplan Kirsch & Rockwell's lawyers are experienced with the development issues associated with alternative energy, such as wind power, alternative fuels and transmission infrastructure. The firm's lawyers have represented clients grappling with the range of permitting, land use, environmental and other questions that arise in the development of alternative energy sources, including land use approvals, leasing, NEPA review, surface and mineral rights negotiations, access and other public lands issues, FERC permitting, Endangered Species Act permitting, Federal Aviation Administration obstruction evaluation, and Public Utilities Commission proceedings.



The firm's attorneys have represented clients in the development and permitting of large-scale wind projects. The firm has advised wind developers in the early stages of leasing and site evaluation and in identifying the agreements and consultation needed for the development of a new wind farm. The firm has assisted in more specialized issues as well, such as responding to objections to land use approvals for a 300 MW wind farm extending into two counties and negotiating a surface use agreement between a subsurface mineral interest owner, the wind developer and its lessors. The firm's lawyers also have represented a local government in evaluating legal questions associated with Bureau of Land Management rights-of-way, environmental clearance and other approvals for a local wind project.



Combining the project development and aviation experience of the firm's lawyers, the firm has also advised clients, worked with federal agencies and undertaken cutting-edge litigation regarding the effects of wind turbines on aircraft and airspace. In addition to traditional concerns about tall towers near airports, the litigation and representation addressed the effects that wind turbines may have on radar and other air navigation aids.



In the federal regulatory sphere, the firm's attorneys have advised clients regarding Federal Energy Regulatory Commission approvals and associated environmental review for hydropower and electrical transmission projects. They have also represented clients on Clean Air Act issues associated with motor vehicle fuels and fuel production.



In addition to specific renewable energy projects, the firm's attorneys have represented renewable energy and energy efficiency-industry clients in litigation before the Colorado Public Utilities Commission regarding the renewable and energy efficiency elements of the electric resource plan for the largest utility in Colorado. The litigation resulted in significant increases in the acquisition of wind and solar energy, as well as more aggressive programs for energy efficiency.



The firm's attorneys are active in industry and community activities associated with renewable energy. They have been frequent speakers and authors regarding climate change, carbon sequestration and carbon credits. One of the firm's attorneys was also one of the developers of a pioneering climate action plan for a municipality.