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ENERGY

Nixon Peabody has one of the most comprehensive Energy practices in the U.S., serving the needs of energy clients for more than 75 years. We understand that our clients’ are facing complex business decisions in a global energy marketplace that is continually changing as a result of new legislation, advancing technology, and unique business opportunities.

Our Energy lawyers have significant experience representing clients in all aspects of the energy business. Our clients include traditional and renewable energy project developers, equity and tax equity investors, debt issuers, investor-owned electric and gas utilities, public power entities, and electric cooperatives. The types of energy facilities with which we have been involved are as diverse as our clients, ranging from traditional (oil, natural gas, coal-fired, and nuclear) and renewable (land based and offshore wind, solar, biomass, waste-to-energy, hydro, and geothermal) electric generating facilities, underwater and land-based electric transmission facilities, natural gas pipelines, and coal gasification projects.

We offer in-depth industry knowledge; an integrated, team approach; and the extensive resources of a full-service, international firm. Our services cover a comprehensive range of energy-related legal and business concerns, including:

  • Project development and finance
  • Siting, permitting, and land use
  • Environmental compliance
  • EPC, equipment procurement, power purchase, and fuel supply agreements
  • Participation and joint operating agreements
  • Taxable and tax-exempt financing
  • Mergers, acquisitions, and divestitures
  • Federal and state energy regulation
  • Government relations
  • Transmission and interconnection issues
  • Litigation and arbitration

A number of our Energy attorneys are listed in Chambers USA America’s Leading Lawyers for Business (2011). In fact, our Energy practice has been consistently ranked by Chambers USA since 2005. Recently, our Energy practice received national recognition in the U.S. News/Best Lawyers 2011–12 “Best Law Firms” rankings.

In addition, because energy industry matters frequently cross disciplines, our Energy team attorneys work closely with other Nixon Peabody attorneys who have in-depth experience in environmental law, real estate, construction, finance, bankruptcy, securitization, tax, and employment law matters.

Thought Leadership/Alerts

U.S. Army Defense Logistics Agency—Energy announces RFP seeking 15MW of solar generation at Fort Irwin, CA
Renewable Energy Alert | May 13, 2013

Drill, maybe, drill: New York appellate court upholds right of municipalities to prohibit oil and gas development
Energy Alert | May 8, 2013

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High Volume Hydraulic Fracturing and Home Rule: The Struggle for Control
May 3, 2013

Webinar Recording: EPA: What will the next four years bring?
Originally recorded April 25, 2013 | April 29, 2013

Critical hydrofracking cases advance through New York courts
Energy Alert | March 22, 2013

Renewable energy and the American Taxpayer Relief Act of 2012
Tax Credit Alert | January 15, 2013

Revocation of IRS PLR on valuing energy facilities
Tax Credit Alert | December 10, 2012

Establishing a Renewables Tax Credit Fund
December 1, 2012

Two Renewables Hot Topics
November 1, 2012

New California laws promote distributed energy, biopower, and expanded net metering in California
Renewable Energy Alert | October 25, 2012

Nixon Peabody's 2012 MAC Survey
October 22, 2012

The Net Energy Metering Cap Redefined: The Sun Is Shining on Rooftop Solar in California
Renewable Energy Alert | June 14, 2012

Update on the solar PV trade dispute with China
Renewable Energy Alert | May 3, 2012

Bagging the bag: managing compliance with laws that limit the use of carryout bags
Legally Green Alert | March 2, 2012

Round 1: Court Holds Municipality May Enact Local Law Prohibiting Oil and Gas Drilling Operations
Energy Alert | February 24, 2012

Massachusetts state agencies' wind turbine health impact study reveals insufficient evidence to support "wind turbine syndrome"
Energy Alert | January 23, 2012

Section 1603 Grant program: Last Minute Guidance
Renewable Energy Alert | December 16, 2011

California's Cap-and-Trade Program gains final approval to go into effect Jan. 1, 2012
Environmental Alert | October 31, 2011

Bills propose extension of ITC for offshore wind projects
Energy Alert | October 20, 2011

Treasury Reveals Some of What's Behind the Curtain
Novogradac Journal of Tax Credits | August 1, 2011

New York State Department of Environmental Conservation releases plan for shale gas extraction permitting
Energy Law Alert | July 15, 2011

New York State Legislature Finally Reauthorizes Power Plant Siting Statute
Energy Law Alert | July 11, 2011

Don't Miss Out on the New Energy Efficient Home Credit
Novogradac Journal of Tax Credits | July 1, 2011

CFTC votes to delay swap rules effect
Global Finance Alert | June 28, 2011

Supreme Court rules against Federal common law nuisance claims because EPA, not the Judiciary, is authorized to regulate utility emissions of greenhouse gases
Environmental Law Alert | June 22, 2011

A Few Things to Know About 1603 Grants in 2011
Novogradac Journal of Tax Credits | June 1, 2011

Bonus Depreciation—A Few More Things
Novogradac Journal of Tax Credits | May 1, 2011

EPA proposes use of site-specific entrainment best technology available determinations for existing power plants and industries that utilize cooling water
Energy Law Alert | April 6, 2011

The 10-Minute Guide to Tax Credits and Grants for Renewables
April 1, 2011

Bonus Depreciation—A Few Things You Need to Know
Novogradac Journal of Tax Credits | April 1, 2011

San Francisco Judge deals a major setback to California's Cap-and-Trade Program
Environmental Law Alert | March 24, 2011

Photovoltaics — A brief European survey
Energy Law Alert | March 23, 2011

Does Treasury Have Discretion to Deny a 1603 Grant Application?
Novogradac Journal of Tax Credits | March 1, 2011

Facilitating offshore wind in the U.S.
Energy Law Alert | February 11, 2011

Historic Boardwalk Hall—What Does it Mean for Renewable Energy?
Novogradac Journal of Tax Credits | February 1, 2011

Comparing Credits and Grants
Novogradac Journal of Tax Credits | January 1, 2011

2010 Tax Act has credit, grant, and depreciation extensions and changes
Tax Credit Alert | December 20, 2010

Three Important Rules for Section 1603 Projects that Aren't Placed in Service in 2010
Novogradac Journal of Tax Credits | December 1, 2010

New Tax Rules Under the 2010 Small Business Jobs Act
November 1, 2010

Texas Court's decision raises wider scrutiny of tax credit allocation policies
Tax Credit Alert | October 14, 2010

Federal Trade Commission proposes revised "Green Guides" and seeks public comment
Legally Green Alert | October 13, 2010

Roadside ditches — the next target for NPDES permitting?
Environmental Law Alert | October 4, 2010

The 10-Minute Guide to the Tax Side of Financing Renewables
October 1, 2010

Monetizing the Advanced Energy Manufacturing Tax Credit
Novogradac Journal of Tax Credits | September 1, 2010

France accelerates its development of offshore wind energy
Energy Law Alert | August 26, 2010

Department of Energy issues Solicitation seeking loan guarantee applications for renewable energy manufacturing projects
Energy Law Alert | August 24, 2010

Treasury Announces Transition Section 1603 Grant Rules for Projects Not Placed in Service Until After 2010
August 1, 2010

Related Parties, Soft Costs and 1603 Grants
July 1, 2010

New IRS rulings clarify the application of the passive activity rules and use of recourse leverage loans in new markets tax credit transactions
Tax Credit Alert | June 17, 2010

Placed in Service After 2010—What Do I Do to Qualify for a Grant?
June 1, 2010

The USDA announces availability of funds used to guarantee loans for biorefineries
Energy Law Alert | May 26, 2010

The USDA solicits applications for renewable energy systems and energy efficiency improvements grants and guaranteed loans under REAP
Energy Law Alert | May 25, 2010

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Press

Chambers Recognizes Leading Nixon Peabody Attorneys and Practices
March 14, 2013

Nixon Peabody Expands Energy & Environmental Practice
March 7, 2013

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Nixon Peabody Welcomes LEED-Certified Jesse Hiney as Counsel
April 3, 2012

Nixon Peabody Advises U.S. Bancorp in Solar Power Military Housing Project
March 20, 2012

Chambers USA Shortlists Nixon Peabody Partner for "Women In Law: Energy/Projects Lawyer of the Year " Award
February 8, 2012

Sungevity Announces $50M Solar Panels Project
October 20, 2011

New Housing Project Set to Break Ground in Boston; Nixon Peabody Advises Rogerson Communities on 70+ Unit Development
August 1, 2011

Chambers Gives High Marks to Nixon Peabody LLP; 47 Attorneys Recognized As Leaders
June 20, 2011

Nixon Peabody Names New Energy & Environmental Leadership; Scott Turner to Lead Nationally Recognized, Expanding Practice
May 11, 2011

Nixon Peabody Attorneys Selected as American Lawyer’s “Dealmakers of the Year”
April 1, 2011

Boston Tea Party Ships & Museum Secure Loan for Renovation Efforts; Cross-Office, Cross-Practice Nixon Peabody Legal Team Advises in the Matter
March 7, 2011

Nixon Peabody Advises Developer of Award-Winning Clean Energy Program in New Jersey
January 6, 2011

DOE Closes $400m Loan Guarantee for State-of-Art Solar Project; Nixon Peabody Advises DOE on Innovative Project
December 20, 2010

Nixon Peabody Partner Named To Board Of Solar Group; Albany Attorney Ruth Leistensnider Joins New York Solar Industries Association Leadership
September 28, 2010

Nixon Peabody Recognized as a “Best Law Firm”; Firm’s Experience and Excellence Honored Locally and Nationally
September 23, 2010

Nixon Peabody Advises Department of Energy on Loan Guarantee to AES ES Westover; Firm Continues Strong Involvement in Energy Sector
September 14, 2010

Nixon Peabody Represents the U.S. Department of Energy in Financing of Flywheel Energy Storage Project
September 10, 2010

Chambers USA Gives High Marks to Nixon Peabody LLP; 17 Practices and 49 Attorneys Recognized as Leaders
June 11, 2010

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Media Clips

  • Eastern States, DC Sue EPA Over Exemptions on Cross-border Power Plant Emissions
    SNL Power Daily | May 7, 2013

    Rochester partner and leader of the firm’s Energy & Environmental practice Scott Turner discusses a pending lawsuit against the Environmental Protection Agency over the agency’s move to exempt states at least temporarily from addressing in their implementation plans power plant emissions degrading air quality outside their borders.

  • Stakeholders Weigh In On Maryland Offshore Wind
    North American Windpower | April 23, 2013

    Boston energy & environmental associate Jen Simon Lento discusses the wind industry’s reactions to the Maryland Offshore Wind Energy Act of 2013.

  • Genesee Valley Chapter Industrial Issues Committee - Mission of Service and Relevance
    Clean Waters (a New York Water Environment Association publication) | April 15, 2013

    Rochester senior environmental health engineer Libby Ford co-authored this column discussing how the New York Water Environment Association’s Industrial Issues Committee (IIC) has helped members understand and map the path to local and federal regulatory compliance.

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  • What the Future Holds for Fracking In NY
    Energy Law360 | April 9, 2013

    This contributed article authored by Albany Energy & Environmental counsel Peter Trimarchi, Albany Energy & Environmental partner Ruth Leistensnider, Rochester Products: Class Action, Trade & Industry Representation partner Chris Thomas, and Rochester Real Estate associate Greg Nearpass discusses two major developments expected this spring that will largely determine the extent to which high-volume hydraulic fracturing (HVHF) will occur in New York state.

  • Law: Firms add hires with energy expertise
    Environment & Energy News | March 7, 2013

    This coverage notes the arrival of Albany energy and environmental counsel Peter Trimarchi.

  • Act Now To Harness IRS Energy Tax Credits
    Energy Law360 | March 1, 2013

    New York City energy & environmental partner Ellen Friedman, Boston tax credit finance & syndication partner Forrest Milder and San Francisco energy & environmental associate Alison Torbitt co-authored this column noting that interest applicants should act quickly to benefit from the $150 million of advanced energy manufacturing tax credits available from the Internal Revenue Service.

  • Hot Market, Cool Reactions
    Boston Business Journal | November 30, 2012

    Boston Energy & Environmental partner Ruth Silman discusses the state of solar development in this feature article on Massachusetts’ green-energy sector.

  • Cape Wind Faces Five Outstanding Legal Challenges
    Windpower Offshore | October 15, 2012

    Boston Energy & Environmental associate Jen Simon Lento discusses the limited likelihood that the lawsuits facing the proposed Cape Wind project would only add to the overall cost rather than ultimately stop the project.

  • Fracking Wastewater: Are there adequate rules to manage it
    Rochester Business Journal | October 5, 2012

    Rochester senior environmental health engineer Libby Ford authored this column discussing the wastewater issues associated with hydraulic fracturing (“hydrofracking”). The full article is available here: http://www.rbj.net/article.asp?aID=192796

  • Legal Firms Prepare for Hydraulic Fracturing
    WXXI-TV | September 24, 2012

    Rochester Energy & Environmental partner Jean McCreary and Rochester Real Estate associate Greg Nearpass, both members of the firm’s Shale Gas Initiative, are interviewed in this TV segment discussing how law firms across New York State are preparing for decisions regarding hydraulic fracturing in the Marcellus Shale formation.

  • Taking it to the Streets: The value of a proactive approach to home rule
    The Pipeline | September 22, 2012

    Rochester Energy & Environmental associate Amy Reichhart authored this article discussing legislation and/or resolutions dealing directly with high-volume hydraulic fracturing (“HVHF” or “hydrofracking”).

  • U.S. Offshore Wind Collaborative Makes Changes to Board of Directors
    North American Windpower | June 14, 2012

    This coverage notes the changes to the U.S. Offshore Wind Collaborative (USOWC) Board of Directors. Boston Energy and Environmental associate Jennifer Simon Lento is included for being appointed as counsel to the USOWC Board.

  • Expropriation Coverage for Feed-In-Tariff Projects
    Law 360 | February 2, 2012

    This contributed article, authored by Washington, DC, Energy partner Deborah DeMasi, discusses adopted feed-in-tariff (FIT) programs for certain types of renewable energy projects, such as wind, solar, biomass, and hydroelectric projects.

  • Q&A with Nixon Peabody’s Ellen Friedman
    Project Finance Law 360 | January 12, 2012

    New York City Energy and Project Finance partner Ellen Friedman is profiled in this Q&A discussing her practice and industry trends.

  • Solar Panels Gain Ground, But Growth May Be Limited
    Rochester Business Journal | November 25, 2011

    This feature article discusses the use of solar panels in the Rochester community. Energy & Environmental practice group leader Scott Turner and Rochester Real Estate & Construction partner Bruce Baker provide commentary in the piece.

  • New York’s new Article X siting law: Be careful what you wish for?
    SNL FERC Power Report | November 2, 2011

    This article discusses New York’s new Article X power plant siting law. Albany Energy & Environmental partner Rich Cogen provides third-party commentary in the piece.

  • Human Capital: People on the Move
    Boston Business Journal | October 19, 2011

    This coverage notes that the firm’s Chief Sustainability Officer, Carolyn Kaplan, has been named to serve on the Boston Bar Association’s Task Force on Environmental Sustainability.

  • The Next Big Thing Is Tiny
    Executive Counsel | July 1, 2011
    This article, authored by Rochester Energy & Environmental partner Jean McCreary, discusses the growth of the nanotech-enabled consumer products industry.
  • Local Attorneys React to ‘Global Warming’ Decision
    Daily Record | June 30, 2011
    The feature story discuses the U.S. Supreme Court’s decision in American Electric Power Co. Inc. v. Connecticut, a case focused on greenhouse gas emissions. Rochester office managing partner and leader of the firm’s Energy & Environmental practice Scott Turner provides commentary.
  • In New Role, Turner Shares Ideas on Energy, Environment
    The Daily Record | June 6, 2011
    This article profiles Rochester office managing partner Scott Turner, who was recently named Energy & Environmental practice group leader.
  • Nixon Peabody Managing Partner to Lead Firm’s Environmental, Energy Practice
    Democrat and Chronicle | May 10, 2011
    This coverage notes that Rochester office managing partner Scott Turner has been named to lead the firm’s Energy & Environmental practice.
  • On the Move
    The Recorder | March 25, 2011
    In this column noting industry moves and promotions, Silicon Valley office managing partner Greg O’Hara is included for being elected chair of the firm’s Policy Committee.
  • Around Tech Valley
    Albany Times Union | October 4, 2010
    In this column highlighting local business news including moves and promotions, it is noted that Albany Energy & Environmental partner Ruth Leistensnider has been named to the Board of Directors of the New York Solar Energy Industries Association.
  • News in Brief
    New York Law Journal | September 29, 2010
    In this column highlighting New York State legal industry news, it is noted that Albany Energy & Environmental partner Ruth Leistensnider has been named to the Board of Directors of the New York Solar Energy Industries Association.
  • News in Brief
    New York Law Journal | August 16, 2010
    In this column highlighting New York State legal industry news, it is noted that Rochester office managing partner Scott Turner has been reappointed chair of the College Council at the College at Brockport.
  • Climate Change Regulation is Up in the Air
    Executive Counsel | July 1, 2010
    This contributed article, authored by Rochester Energy & Environmental partner Jean McCreary, discusses the state of climate change regulation.
  • Open Dialogue Lays Strong Foundation for ‘Best Employers’
    Rochester Business Journal | June 18, 2010
    This feature story focuses on how to create a best workplace environment. Rochester office managing partner Scott Turner is among those local business leaders who are quoted throughout the piece addressing how facets of a workplace, such as trust among colleagues and regular, open communications, are important to creating a great workplace environment.
  • Climate Change Regulation is Up in the Air
    Executive Counsel | June 1, 2010
    This contributed article, authored by Rochester Energy & Environmental partner Jean McCreary, discusses the state of climate change regulation, which remains influx.
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Events

Energy