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.