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