Ben Reiter

What do you focus on?

Energy Regulatory

I have participated in a variety of Federal Energy Regulatory Commission (FERC) proceedings and related federal court appeals concerning various aspects of Federal Power Act (FPA) regulations. I advise developers on the FPA and the Public Utility Holding Company Act approvals necessary to bring their projects online and assist them with navigating the generator interconnection process. My regulatory experience also includes counseling clients on oil pipeline regulation under the Interstate Commerce Act and representing them before state utility commissions on electric and natural gas matters.

Project Development

My practice also involves the development and financing of major renewable energy projects. My experience in this area includes the financing and structuring of long-distance transmission projects that transport remote solar and wind resources to high load areas in various parts of the U.S. I regularly advise clients on project site leases, Power Purchase Agreements (PPA), Renewable Energy Credit (REC) agreements, power trading agreements (including using EEI and ISDA forms), and transmission and pipeline easements.

Carbon Capture, Sequestration, and Mitigation

An increasing part of my practice is focused on the development of carbon capture and sequestration (CCS) projects and related CCS infrastructure. My CCS specific project development experience includes drafting pore space acquisition agreements, CCS project site leases, mineral leases, and CCS-related project finance agreements. Given the importance of governmental programs and incentives—such as the 45Q tax credit and low-carbon fuel programs—to this emerging sector, I closely track CCS legislative and regulatory proposals to help clients stay up to date with the latest developments.

Tribal Energy Development

I have represented clients in relation to the development of a number of energy projects on tribal land. My experience includes negotiating coal surface leases and navigating site lease regulations developed under the HEARTH Act. I have also advised clients on pipeline remediation obligations on tribal land and have an in depth understanding of the Bureau of Indian Affairs regulations relating to the adoption of tribal energy resource agreements.

What do you see on the horizon?

As governments and industry redouble their efforts to combat climate change, they will increasingly look to emerging technologies like carbon capture and clean hydrogen to reduce emissions in the most difficult to decarbonize sectors. Understanding how to take advantage of the governmental programs—such as the Infrastructure Investment and Jobs Act’s Carbon Dioxide Transportation Infrastructure Finance and Innovation and Regional Clean Hydrogen Hub programs—and incentives—such as the 45Q tax credit and potential clean hydrogen tax credit—will be essential to ensuring that these important projects come online.

Publications/Presentations

• “Expanding Renewable Energy Tax Credits to Tribal Governments: How Current Legislative Proposals Will Benefit Tribes and Their Members in Their Continued Efforts to Address Climate Change,” 46 Wm. & Mary Envtl. L. & Pol'y Rev. 687 (2022)
• “Blowing It: Why Is Wyoming Failing to Develop Wind Projects?” 19 Wyo. L. Rev. 45 (2019)