Energy

The energy industry is moving away from a vertically integrated utility model to a network of independently owned generators and transmission providers, power marketers, community aggregators and distributed energy resources including microgrids.
 
At the same time, we are seeing greater focus and investment in renewable and sustainable energy. Wind and solar are mature technologies and entrepreneurs and investors are funding biogas, biofuel and other innovative production and delivery methods.
 
The advent of affordable energy storage and distributed storage projects will accelerate these trends, the efficiency of the grid and the use of renewable and sustainable technologies.
 
Energy consumers have more choices and are making sophisticated portfolio decisions. Although these changes have improved efficiency, reduced cost and enhanced choice, they have also resulted in new and complicated regulations, added transactional complexities and the greater need for experience in regulatory, environmental and energy disciplines.
 
Our Approach
Our Energy law team represents a wide variety of clients who are active in the industry as producers and consumers of energy. On the public agency side, we represent a large number of cities, counties, municipal utilities, school districts, special districts, joint power authorities, port authorities and community choice aggregators that are actively involved in producing or procuring energy to offset operating costs. On the private side, we work with landowners, developers, private utilities, investors and large industrial energy consumers to lease and develop energy infrastructure.
 
The breadth of interests we represent allow us to integrate regulatory, transactional and business counsel with strategic legal representation and advocacy, providing guidance on all aspects of energy law and seamless service across practices. Our multidisciplinary team includes energy, environmental, transactional and litigation attorneys. They have the insight, longstanding relationships with regulators and practical experience needed to help our clients leverage opportunities, surmount legal and regulatory challenges, arrive at innovative solutions and prepare for the future.
 
Comprehensive Service
Both innovative and pragmatic, BB&K Energy attorneys advise clients on conventional energy,  gas and renewable power projects, transactions, supply, production, transmission and facilities’ operation. Working closely with regulators, community leaders and key stakeholders, we help our clients achieve their objectives.
 
Our services include: 

  • Regulatory planning and advocacy
  • Federal and state regulatory, legislative and policy advocacy
  • Development of customer tariffs and internal governance
  • Permitting, siting, land use and environmental review
  • Land acquisition and real estate
  • Ground leasing for utility scale energy projects
  • Energy enterprise strategic planning and feasibility analysis
  • Energy enterprise formation
  • Negotiation of contracts, including energy services contracts, power-purchase agreements, interconnection agreements and all forms of project-related documents
  • Financing, public-private partnerships
  • Litigation in courts at all levels and alternative dispute resolution
  • Mergers and acquisitions 

 
BB&K attorneys have represented clients before all federal and state agencies associated with the energy sector. This includes the: 

  • Department of Energy
  • Federal Energy Regulatory Commission
  • California Energy Commission
  • California Independent System Operator
  • California Public Utilities Commission
  • California Air Resources Board
  • Local air quality management districts
  • State and regional water boards

 
We have also successfully represented clients in federal and state court under a host of environmental laws, including the Clean Air Act; the Comprehensive Environmental Response, Compensation, and Liability Act; the Clean Water Act; the National Environmental Policy Act; the California Environmental Quality Act and the Public Utilities Code.  
 
Further, BB&K lawyers are at the forefront of policy and regulatory issues associated with community choice aggregation programs, demand response, cap-and-trade, renewables portfolio standards, and new and emerging energy technologies.

Areas of Focus: Air Quality | Renewable Energy | Special Districts | Water Quality
Areas of Focus: California Public Utilities Commission | Environmental Law & Natural Resources | Renewable Energy | Transportation | Water
Areas of Focus: Endangered Species | Environmental Law & Natural Resources | Government Relations | National Environmental Policy Act (NEPA) | Public-Private Partnerships | Water | Water Quality
Areas of Focus: Fees, Taxes & Assessments | General & Special Counsel | Municipal Law | Public Finance
Areas of Focus: Business | California Public Utilities Commission | Environmental Law & Natural Resources | Mergers & Acquisitions
Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Renewable Energy | Water
Areas of Focus: California Public Utilities Commission | Eminent Domain | Municipal Law | Public Agency Litigation | Special Districts
Areas of Focus: California Public Utilities Commission | Environmental Law & Natural Resources | Fees, Taxes & Assessments | Municipal Law | Special Districts | Telecommunications
Areas of Focus: Business | Environmental Law & Natural Resources | Intellectual Property | Real Estate | Renewable Energy | Special Districts
Event Dec 03, 2019

ACWA 2019 Fall Conference & Exhibition

Association of California Water Agencies

Gov. Newsom Pledges $75 Million in Funds for State and Local Governments to Mitigate Power Shutoff Impacts
Legal Alerts Oct 28, 2019

Gov. Newsom Pledges $75 Million in Funds for State and Local Governments to Mitigate Power Shutoff Impacts

City Proposals for Funding Due Nov. 4

CPUC Proceedings of Note: PG&E Restructuring, Undergrounding and Wildfire Mitigation
Legal Alerts Jan 14, 2019

CPUC Proceedings of Note: PG&E Restructuring, Undergrounding and Wildfire Mitigation

Public Agencies Will Be Impacted by Various Actions

Cities’ Struggles to Meet Obligations Are Real —  BB&K Municipal Law Team Grows to Help
Press Releases Dec 19, 2018

Cities’ Struggles to Meet Obligations Are Real — BB&K Municipal Law Team Grows to Help

New and Expanded Services and More Attorneys and Staff Added in 2018

Press Releases Dec 17, 2018

BB&K Welcomes Water and Environmental Partner Lowry Crook

Served Senior Positions with the Army Corps of Engineers and the White House

BB&K Attorney Ryan Baron Serving on the California Lawyers Association Board of Representatives
Press Releases Sep 18, 2018

BB&K Attorney Ryan Baron Serving on the California Lawyers Association Board of Representatives

Appointed by the Public Law Section

Transfer of Electric Utility Revenues to City’s General Fund is not a Tax Under Proposition 26
Legal Alerts Aug 27, 2018

Transfer of Electric Utility Revenues to City’s General Fund is not a Tax Under Proposition 26

Supreme Court Reverses Court of Appeal

Rise in CCAs in Cities Reshaping California Electric Business
Authored Articles & Publications Jul 27, 2018

Rise in CCAs in Cities Reshaping California Electric Business

Ryan Baron Weighs the Community Choice Aggregation Question for Cities in PublicCEO

CEQA – Today and Tomorrow
Authored Articles & Publications May 23, 2018

CEQA – Today and Tomorrow

Legal Decisions and Pending Guideline Updates Have Effect on the CEQA Review Process Write BB&K Attorneys Charity Schiller and Amanda Daams in PublicCEO

New Laws Part II: 2018 Ushers in Changes to Land-Use, Development Laws
Authored Articles & Publications Mar 01, 2018

New Laws Part II: 2018 Ushers in Changes to Land-Use, Development Laws

PublicCEO

A Peek Inside the Trump Infrastructure Plan: What Local Government Agencies Should Know
Legal Alerts Jan 31, 2018

A Peek Inside the Trump Infrastructure Plan: What Local Government Agencies Should Know

The State of the Union Address and a Leaked Memo Give the Insight We’ve Been Waiting For

2018 California Public Agency Laws – Part II
Legal Alerts Jan 10, 2018

2018 California Public Agency Laws – Part II

Housing and Land Use, Environment, Public Property/Public Works and Economic Development

CPUC Reopens TOU Grandfathering Grace Period Eligibility
Legal Alerts Dec 04, 2017

CPUC Reopens TOU Grandfathering Grace Period Eligibility

Public Agencies Must Submit Application by Dec. 31

Authored Articles & Publications Jul 12, 2017

Tracking Trump’s Appointments

By John Freshman and Ana Schwab