Kaplan Kirsch & Rockwell advises project developers regarding a wide spectrum of permitting, land use, and other regulatory requirements associated with electric power project development. We provide expert guidance from the early stages of leasing and site evaluation through the permitting of projects and analysis of compliance for transactions. Our attorneys assist clients with more specialized land use and regulatory issues as well, such as responding to objections to land use approvals for a utility-scale wind farm extending into two counties, and negotiating a surface use agreement between a subsurface mineral interest owner, a wind developer, and its lessors. We also have represented a local government in evaluating legal questions associated with Bureau of Land Management (BLM) rights-of-way, environmental clearance, and other environmental approvals for large wind and solar projects.
We advise clients regarding Federal Energy Regulatory Commission (FERC) approvals and associated environmental review for hydropower and electrical transmission projects. We also advise clients and litigate on a range of Clean Air Act permitting, enforcement, and related issues, including Clean Air Act Title V, New Source Review (NSR), and Prevention of Significant Deterioration (PSD) permitting.
We provide representation to independent power producers, renewable energy associations, large energy consumers, and energy efficiency-industry companies in administrative litigation before state public utility commissions regarding electric resource plans, coal-plant retirement plans, net metering policies, demand-side management (DSM) acquisition, proposed electric utility tariff changes, and Certificates of Public Convenience and Necessity for both regulated utilities as well as non-utility generators. We also have represented a renewable energy trade association in the U.S. Court of Appeals in the successful defense of the Colorado renewable portfolio standard from challenges brought under the Commerce Clause.
Combining the project development and aviation experience of our attorneys, Kaplan Kirsch & Rockwell advises clients, works with federal agencies, and undertakes cutting-edge litigation regarding the effects of wind turbines, transmission facilities, and solar projects on aircraft and airspace. In addition to traditional concerns about wind tower height near airports, our litigation and representation addresses the effects that wind turbines may have on radar and other air navigation facilities.