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JENNIFER SIMON LENTO

Jennifer Simon Lento is a member of Nixon Peabody’s Energy and Environmental practice group. She represents landowners, project developers, direct and tax equity investors and utilities in transactions and development deals and before state and federal regulatory agencies and commissions.

What do you focus on?

I focus my practice on two main areas: environmental aspects of business transactions and development projects and renewable energy project development and strategy.

Environmental Aspects of Business Transactions and Development Projects

I regularly represent project developers, tax equity and direct investors and lenders to evaluate and mitigate environmental risks. I review and assess Phase I Environmental Site Assessments, existing and anticipated permitting requirements, zoning and land use issues and other environmental mandates. Most recently, I assessed environmental risks associated with an affordable housing development project for a tax equity investor and negotiated a favorable indemnity agreement with the project developer.

Renewable Energy Project Development and Strategy

I also advocate on behalf of companies who are developing renewable energy projects including land-based wind, solar, cutting-edge ocean-based alternative energy generation, such as offshore wind and hydrokinetic wave and tidal, as well as innovative small modular nuclear reactor technologies and waste-to-energy projects. I have recently advised two offshore wind developers with respect to both demonstration and utility scale projects on the eastern seaboard. I am counsel to the board of directors for the nonprofit offshore wind advocacy organization, the United States Offshore Wind Collaborative and a member of the American Wind Energy Association’s Offshore Wind Working Group.  

What do you see on the horizon?

I’ve been tracking federal and state incentive programs and regulatory developments impacting renewable energy development projects including legislative extensions for the federal Investment and Production Tax Credit programs as well as state-administered Renewable Portfolio Standards and generation-specific carve-out programs. We are developing predictive roadmaps for clients to identify development opportunities and risks in an often volatile energy market.

Publications & Speaking Engagements

  • Author, Ocean & Offshore Energy Projects and Policy, www.offshoreenergy.blogspot.com (A LexisNexis Top 50 Blog, 2010–2011)
  • Speaker, “United States Offshore Wind Law and Policy:  The Role of State and Local Authorities,” German American Chamber of Commerce Offshore Wind Conference, October 18, 2011
  • Moderator, “Offshore Renewable Energy Generation: State and Federal Regulation and the Development Process,” ABA Quick Teleconference, March 2010
  • “Committee of Environmental Litigation and Toxic Torts” (chapter), American Bar Association Section of Environment Energy and Resources Year in Review, 2005, 2006 & 2007
  • “Court Clarifies OPRA Issues,” New Jersey Law Journal, July 19, 2004
  • “Not Just a Walk in the Park: Beach Access and the Public Trust Doctrine in New Jersey: Raleigh Ave. Beach Ass’n v. Atlantis Beach Club, Inc. 370 N.J. Super. 171 (App. Div. 2004),” The SandBar (Legal Reporter for the National Sea Grant Program), Vol. 3.3, October 2004

Media Clips

  • Two Paths Taken For Procuring Offshore Revenue
    North American Windpower | September 1, 2013

    Boston Energy & Environmental associate Jennifer Simon Lento provides commentary in this feature story discussing new state-based models that could provide an alternative to traditional power purchase agreements for offshore wind developers.

  • DOI Completes First Offshore Energy Area Auction, Prepares for Second in the Fall
    ABA Marine Resources Committee Newsletter | August 1, 2013

    Boston Energy and Environmental associate Jennifer Simon Lento authored this column discussing the Bureau of Ocean Energy Management’s first ever subsea land auction for the purpose of developing an offshore wind farm on the outer continental shelf.

  • 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.

  • . . . View all . . .
  • 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.

  • 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.

  • BOEM Considers First Offshore Hydrokinetic Power Lease
    Law 360 | April 24, 2012

    The feature story notes that the Bureau of Ocean Energy Management received its first-ever lease application for a hydrokinetic power testing area. Boston Energy & Environmental associate Jen Simon Lento provides third-party commentary.

Ideas

Jennifer Simon Lento