Developing energy projects requires an in-depth understanding of federal and state energy policies and legal and regulatory frameworks underlying every energy project. Pierce Atwood’s Energy team offers the insights of several attorneys who served in senior policy positions at state and federal regulatory agencies, including the former Chair of the Federal Energy Regulatory Commission’s Cogeneration and Independent Power Task Force, the Chief of Staff and General Counsel of the Massachusetts Department of Public Utilities, FERC’s Supervisory Attorney for Gas & Oil Litigation, FERC Commissioner Assistants, state PUC senior attorneys and former board members of solar energy and biofuels companies.

Impacting Policies & Regulations

Supported by our Government Relations team, we partner with our clients to shape policies and regulations that support the advancement of renewable energy. For example, we represent a large national trade association that is active on policy formation surrounding alternative fuels and biofuels laws and regulations. The firm represents the Coalition of Renewable Energy Users and Developers (CORE), a coalition active in shaping renewable energy and storage policies in New York. We served as outside counsel to the U.S. Energy Storage Association from 2006-2021, prior to its merger into the American Clean Power Association (ACP).

Environmental Permitting & Licensing

Successful completion of a project often requires understanding the environmental laws and regulations and the political influences that affect how a project proceeds through the permitting and siting process. In some cases, we work with clients to amend the applicable law or local ordinances so their projects may proceed. We also assist clients with obtaining local, state, and federal permits, and are particularly adept at navigating National Environmental Policy Act (NEPA) requirements, including Environmental Assessments and Environmental Impact Statements. Our experience also includes assisting clients with permitting compliance, license renewals and modifications, and the acquisition, creation, and sale of greenhouse gas allowances/carbon credits. When a project's useful life comes to an end, we also assist with license surrender and decommissioning.

For example, because we have deep expertise, we are frequently called upon as part of financing transactions to issue opinion letters to lenders and investors regarding permitting and environmental regulatory issues for portfolios of generation projects, such as solar and biomass. We have experience helping owners of hydropower projects address fish passage and endangered species issues, achieve desired results in complex stakeholder negotiations as part of FERC licensing, and obtain state water quality certifications. We have also assisted in permitting all aspects of electric transmission and solar and wind generation projects as well as biomass electrical generation, biomass-fired co-generation at industrial facilities, landfill gas-to-energy facilities, and battery storage facilities. Learn more about our Environmental practice.