Peter Trimarchi is counsel in the firm's Energy and Environmental practice group. He advises on all aspects of environmental law, with a particular focus on regulatory, enforcement, and transactional matters. He has extensive experience in project finance transactions, advising lenders and developers on the complex permitting and environmental issues arising in a wide variety of projects, including natural gas-fired power plants and renewable energy projects (solar, wind, ethanol, and geothermal). He also has substantial experience in both environmental and commercial litigation matters.
I help clients manage environmental risks and permitting challenges in the most efficient manner possible. I do this work in a variety of contexts, but most frequently in the following three areas:
I help project developers obtain environmental and land use permits applicable to their businesses. I also assist lenders with the detailed environmental and permitting due diligence required for complex project finance transactions. I have represented both lenders and developers in the permitting due diligence for solar and wind projects, ethanol production facilities and natural gas facilities. As the market for solar PV systems in New York has grown, I have assisted clients in the development and financing of those systems, representing both developers and customers in the negotiation of power purchase agreements, development services agreements and leases.
I perform environmental due diligence for transactions involving the acquisition and divestiture of real estate, renewable and conventional energy projects and businesses of every variety. I have conducted the environmental due diligence on facilities ranging from high-rise commercial buildings to major industrial facilities. As just one example, I recently represented a large yieldco conduct the environmental and land use due diligence for a portfolio of 11 utility-scale solar photovoltaic projects located in Utah and Florida.
I work with clients to help them remain in compliance with environmental laws. I help them anticipate upcoming regulations, interpret challenging regulatory requirements and, when necessary, represent them in enforcement proceedings. I have represented a major chemical manufacturer in connection with a joint EPA and DEC investigation into violations of the Clean Air Act and RCRA, helped a lead recycling facility improve their compliance with Clean Air Act requirements, and assisted a major automobile manufacturer obtain Clean Air Act permits for more than 60 dealerships throughout New York State.
Major changes are coming to New York energy markets. Between the creation of New York’s Green Bank and the State’s “Reforming the Energy Vision” proceeding, energy will be produced and transported in New York much differently five years from now than it is today. This will mean new challenges for renewable energy development in the State, but also new opportunities. Those companies that are able to understand the new paradigm, and work creatively within it, will have distinct advantages over their competitors, leading to greater market share and success.
Law360 | July 17, 2019
This article features analysis from Albany Affordable Housing and Real Estate counsel Peter Trimarchi on ambitious new climate-change legislation in New York State that will force the natural gas industry to revisit its business plans.
Law360 | April 27, 2017
Albany energy & environmental counsel Peter Trimarchi contributed this article about the New York Public Service Commission’s (PSC) order related to compensation for renewable energy projects involving the state’s electric distribution system.
ClearWaters | December 20, 2016
A discussion of five cases that might impact wastewater permitting regulations for holders of SPDES permits, written by Rochester senior environmental health engineer Libby Ford, San Francisco Energy and Environmental associate Alison Torbitt, and Albany counsel Peter Trimarchi.
University at Buffalo School of Law, J.D., cum laude
University of Albany, B.A., cum laude
Peter was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2020 in the field of Environmental Law.
Peter Trimarchi is a member of the New York State Bar Association. He is a member of the Environmental Law Section’s Executive Committee and currently serves as co-chair of the Biotechnology, Nanotechnology, and the Environment Committee.