Energy - Project Development

Blank Rome’s energy attorneys represent clients at all stages of project development. Our clients develop, finance, construct, operate, acquire, sell, restructure, or manage large energy infrastructure and other industrial projects. We have counseled and advised companies developing projects that have ranged in size from tens of millions to several billion dollars, including gas-fired electric generating plants; interstate and intrastate natural gas pipelines; interstate and intrastate petroleum and liquids pipelines; solar, wind, and biomass power generation facilities; large-scale seawater desalination, groundwater pipeline, and water treatment projects; LNG export, import, and storage facilities; and petrochemical plants. Specific areas in which Blank Rome attorneys have extensive experience, include:

  • transaction structuring with a focus on U.S. and state tax, environmental, and regulatory issues
  • transactional due diligence investigations
  • real estate matters, including title, local land use, eminent domain, tax, and foreign investment (e.g., Foreign Investment in Real Property Tax Act (“FIRPTA”) matters
  • federal, state and local permits for operations, including those required  under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Coastal Zone Management Act, and Rivers and Harbors Act
  • permits and authorizations required by federal, state, and regional transmission organizations (“RTO”), including under the Natural Gas Act, Federal Power Act, Energy Policy Act of 2005, and Pipeline Safety legislation
  • judicial and administrative challenges to permits and authorizations, including appeals from denials
  • negotiation and execution of credit agreement and other loan and security documents
  • negotiation and execution of ancillary agreements, including power purchase and sale, tolling, EPC, equipment purchase, net metering, and interconnection agreements
  • debt and equity funding and closing, including applications for investment grade security ratings
  • management of transactions involving international investors, including Committee on Foreign Investment in the United States (“CFIUS”) applications and proceedings
  • post-financial closing filings

Representative Matters

  • Served as counsel to Poseidon Water LLC in the development, financing, construction, and operation of the $1 billion, 54 million gallons per day seawater desalination plant in Carlsbad, CA.
  • Served as counsel to Jordan Cove Energy Project in the development and permitting of a 1 BCF/d LNG export facility in Coos Bay, OR, and the development of a 232-mile pipeline from Malin, OR to Coos Bay, OR.
  • Served as counsel to Floridian Natural Gas Storage Company LLC in the development and permitting of a large-scale LNG production and storage project in Martin County, FL.
  • Served as counsel to Spectra Energy and Keyspan Corporation in the development and permitting of the Island East Pipeline, including all litigation ensuing from the denial by Connecticut of a permit under the Federal Clean Water Act and Federal Coastal Zone Management Act.
  • Served as counsel to Boundary Gas Inc., Alberta Northeast Limited, and Iroquois Gas Transmission System in the development, permitting, construction, operation, and three-time expansion of a precedent-setting, multibillion dollar supply and pipeline transportation system to serve New York, New Jersey, and New England with natural gas sourced from Western Canada.