Sarah Keane primarily focuses on state and federal regulation transactions, litigation and policy matters involving power project development and acquisition, clean transportation, and climate change.

Sarah regularly counsels clients on pertinent legal and regulatory developments in the areas of climate change, electric vehicles, renewable energy, energy storage, and electricity grid management.  She has played a key role in major energy and air quality proceedings in Colorado in recent years, including the Colorado Public Utilities Commission’s approval of the Colorado Energy Plan and the Air Quality Control Commission’s adoption of advanced low-emission vehicle standards.

Sarah advises on a wide range of project developers regarding compliance with the National Environmental Policy Act (NEPA) and state counterpart laws.  She assists project proponents secure a range of local, state, and federal entitlements and defends those approvals when necessary.  On the transactional side, she assists with drafting and negotiating project finance and asset purchase agreements, power purchase agreements, interconnection agreements, airport consortium and operations agreements, and other project-related contracts.

Sarah was previously an attorney at two large international law firms.  While attending law school, Sarah collaborated with two faculty members to design and launch Berkeley Law’s Energy and Clean Technology Program.  She also led the cross-disciplinary organization Berkeley Energy & Resources Collaborative (BERC), where she co-founded Cleantech to Market – a partnership among students, scientists, engineers, and professionals that translates clean technology research into market opportunities.

Representative Experience

Regulated Transactions

• Representing environmental groups in Colorado Air Quality Control Commission rulemakings regarding the adoption of clean car standards
• Representing independent power producer in sale of facility to utility purchaser
• Represented independent power producer in Colorado Public Utilities Commission proceedings considering energy resource planning and the Colorado Energy Plan
• Acted as lead associate in negotiating and securing California state regulatory approval for independent power producer in a first-of-its-kind transaction that resulted in the early closure of five carbon-intensive power plants, and extended contracts for two efficient peaking facilities

Energy and Transmission Projects

• Representing solar developers in securing land use approvals for utility-scale projects in Colorado​
• Negotiated several options and leases for solar development on behalf of Colorado landowners
• Represented a municipal utility in multiple transactions and stakeholder proceedings regarding solar energy project development and interconnection
• Coordinated complex environmental, permitting, and interconnection due diligence for multiple investments in project portfolios involving solar, wind, geothermal, and natural gas facilities
• Drafted power purchase agreement, license and loan agreement, and related documents for transactions involving sale of distributed solar generation installed in multiple states

Airport and Transit Projects

• Representing a major regional airport in negotiating a suite of agreements for new airline consortium
• Representing transportation district in design-build procurement for a viaduct
• Representing county aviation department in development of a new commercial airport
• Represented airport manager in comprehensive overhaul of airport lease and management agreements
• Assisted Chicago Transit Authority in the Red and Purple Line Modernization Project as a design-build procurement

Litigation

• Represented energy and water asset owner in administrative litigation under NEPA and the Endangered Species Act
• Served as lead associate for the successful defense of challenges brought against permit approval for a solar project

Professional and Civic Activities

• Board President, GRID Alternatives Colorado (2018–Present)
• Advisory Board Chair, Berkeley Energy & Resources Collaborative (2014–2018)
• Election Protection Steering Committee Member, Lawyers’ Committee for Civil Rights Under Law (2012–2016)
• University of California, Berkeley Law, Energy and Cleantech Law Certificate and Environmental Law Certificate (2010)
• Development Director, Energy Law Quarterly (2008–2009)