Energy and Sustainability

The increasing cost of energy and the constant evolution of alternative and renewable energy sources, technology, and solutions alter how businesses in all industries address their energy needs and evaluate their business practices and priorities. In addition, emerging energy law and policy, sustainable business practices and products, and a growing body of environmental regulations present businesses with unique and complex challenges and opportunities.

Business owners, lenders, managers, utilities, investors, and consumers need a strategic legal partner to help make smart decisions about living and operating in an increasingly carbon-constrained environment. At Miller Nash, we have the experience and knowledge to successfully navigate the changing energy and regulatory landscape, while capitalizing on the opportunities offered by the exciting and innovative advances being made in resource development, conservation, and sustainable business practices.

Our energy team draws talent from many practice areas and includes attorneys and paralegals with significant experience in advising clients on general business issues ranging from entity formation to complex commercial transactions, intellectual property rights, environmental and regulatory issues, project finance and development, tax issues and opportunities, real estate and land use questions, legislative matters and policymaking, and litigation.

Representative Matters

Business

Advised hydroelectric power and services company regarding contracting with public utility districts for major hydroelectric projects.
As counsel for a buyer of a combustion turbine project, drafted asset purchase agreement, power purchase option, operating and maintenance agreement, and development agreements.
Handled acquisition of 85 and 65 MW cogeneration electric production facilities and development of biodiesel production facilities.
Advised clients on consulting, confidentiality, and other agreements related to their involvement with or investments in alternative and renewable energy projects and technology, including biofuel, biomass, clean coal, ethanol, geothermal, hydropower, solar, and wind.
Prepared governmental agreements for operation of a $140 million wind farm project.
Advised clients on emerging and existing carbon markets, carbon credit trading, and proposed cap-and-trade schemes.
Advised start-up ethanol manufacturers on environmental issues and permitting.
Represented a major Japanese industrial group in a joint-venture equity investment in an Oregon specialty services group related to greenhouse-gas offset trading.
Advised biofuel company on equity structure, small energy loan program, joint venture, and equipment purchase agreements.

Tax

Prepared documentation to assist clients in qualifying for, obtaining, and selling state and federal energy tax credits and other incentives.
Structured receipt of grants, government incentives, below-market loans, and other public funds to minimize adverse income tax consequences.
Successfully obtained tax incentives and abatements for various clients, including a wind farm developer.
Assisted a quasi-governmental agency in making an investment in a wind farm.

Environmental

Advised start-up ethanol manufacturers on environmental issues and permitting.
Assisted wood products companies with cogeneration permitting.
Defended municipally owned utility in state environmental enforcement action.
Advised a wind farm developer on National Environmental Policy Act issues arising from interconnection to Bonneville Power Administration's transmission lines.
Advised dam operators on power generation and natural resource issues.
Assisted existing and prospective power generators in locating generation facilities and infrastructure systems.
Advised clients on NEPA, permitting, clean-air, greenhouse-gas, and other environmental issues related to siting and operating power generation facilities.

Real Estate

Negotiated wind farm lease option agreements and biofuel generation site lease agreements.
Handled acquisition of wind energy sites and related property rights in Oregon and Washington and permitting and development of wind facilities.
Negotiated solar energy purchase and installation agreements.
Handled acquisition, financing, and disposition of hydroelectric facilities in Alaska.
Negotiated pole attachment agreement.

Land Use

Represented various energy cluster companies on land use matters involving the expansion and protection of existing and proposed energy facilities in the Northwest.
Cofounded an industry group devoted to the protection of industrial lands in Portland, Oregon, and served as a representative for various energy companies in that group.
Represented various energy companies on permitting and facility expansion project throughout the Northwest.
Negotiated local land use permitting for wind facility.
Conducted land use due diligence for proposed biodiesel fuel facility.

Legislative

Advised wind developer on policies, proposed legislation, and rules related to state and local tax credits.
Advised energy supplier and biogas developer regarding proposed legislation, and state and local tax and policy issues.
Advised biodiesel plant manufacturer regarding policies and strategies related to state and local incentives.
Monitored, modified, and testified on state agency and legislative proposals regarding biofuel and renewable tax credits, standards, and implementation measures.

Regulatory

Advised electric utility companies and large power consumers on energy regulatory matters, including direct access and deregulation of the electricity market.
Experience with federal, state, county, municipal, and special district agencies and legislative bodies.
Conducted permit and franchise applications and hearings.
Experienced in drafting legislation and rules, lobbying, and conducting rulemaking proceedings.
Expertise in administrative litigation, including traditional rate cases.
Resolved disputes before administrative agencies.
Advised clients on compliance matters and assisted in obtaining regulatory approvals.
Negotiated municipal utility franchises.

Litigation

Provided advice and litigation counsel on antitrust and restraint-of-trade issues.
Represented energy companies in partnership and joint-venture disputes.
Represented owner in construction, design, product liability, and strict liability disputes involving power plant, dam system, and power lines.
Defended breach-of-contract claims arising out of rate schedules, O&M agreements, O&O agreements, EPC contracts, PPAs, and power sale, transmission, supply, and service agreements.
Defended breach-of-contract and tort claims arising out of failure of dike in southern Oregon.
Provided advice on and litigated numerous employment disputes involving wrongful termination, ERISA, and noncompete agreements.
Advised client on insurance coverage issues.
Successfully challenged local tax on a natural gas supplier, resulting in elimination of tax and refund for our client.

Practice Area Leader(s)
Brooks E. Harlow
Michelle Slater

Attorneys and legal professionals practicing in this area
LeAnne M. Bremer		William S. Manne
Bruce L. Campbell		Ryan R. Nisle
Jeffrey G. Condit		David G. Post
Brian B. Doherty		David L. Rice
Brian W. Esler		Christopher Rycewicz
Phillip E. Grillo		Valerie H. Sasaki
Brooks E. Harlow		Joshua M.F. Sasaki
Hong N. Huynh		Jeanne Kallage Sinnott
Randal A. Johnson		Michelle Slater
Dustin R. Klinger		Morgan Smith
Suzanne C. Lacampagne