Peter C. Trimarchi

What do you focus on?

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:

Project development

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.

Acquisitions and divestitures

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 am currently representing the purchaser of a contaminated property in the New York State brownfields program, which will be redeveloped for the construction of up to 150 units of affordable housing. 

Regulatory compliance

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.

What do you see on the horizon?

We are entering an exceptional period in the history of New York environmental laws. Between the Climate Leadership and Community Protection Act, the Accelerated Renewable Energy Growth and Community Benefit Act, and the upcoming regulation and remediation of per- and polyfluoroalkyl substances and 1-4, dioxane, the State of New York will be issuing a flurry of disruptive regulations over the next three years. This will mean new challenges for certain industries, but also new opportunities. Those companies that are able to understand the new paradigms, and work creatively within them, will have distinct advantages over their competitors, leading to greater market share and success.

Representative Publications and Presentations

• “NYPSC Shakes Up Net Metering Projects In New York State,” Law360, April 28, 2017
• “Project Development and Financing,” New York Executive Clean Energy Leadership Institute, Skidmore College, August 2014 and 2015
• “New York’s Solar Incentive Program: Lessons Learned from Other States,” Northeast Photovoltaic Roundtable, August 2012 (Panel Moderator)
• “Environmental Issues in Business Transactions: 2012 and Beyond,” New York State Development Council’s Economic Development Course (Presenter)
• “Strategies for Distressed Properties: Environmental Risks and Opportunities,” Lorman Seminars, Albany (Presenter)
• “Global Warming: A View from Main Street, New York,” Albany Law School Summer Seminar (Presenter)
• “Greenhouse Gas Regulation in the United States: It’s Closer Than You Think,” Wall Street Lawyer, Vol. 11, No. 1, January 2007

Representative Experience

• Represented the owner of a 2,000 MW nuclear power plant in high-level negotiations with the NYS Governor’s office, Attorney General’s office, and the NYS Department of Environmental Conservation regarding the timing and manner of the facility’s closure; currently representing the owner in the sale of the facility to a third party for decommissioning and demolition, with a focus on the allocation of environmental liabilities and the transfer of applicable permits
• Assisted developer in the negotiation of the environmental provisions of a ground lease with the New York State Port Authority, supporting the development of a 346,000-square-foot cargo terminal at JFK Airport
• Represented developer of a 60 MW portfolio of community solar projects in upstate New York; assisted with drafting and negotiation of leases and subscription agreements with municipality, day-to-day permitting and contract assistance, and negotiation of a purchase and sale agreement
• Represented owner of solid-waste landfill in the negotiation of a consent order with the NYS Department of Environmental Conservation for post-closure operation and maintenance
• Currently representing purchaser of a portfolio of up to 10 solar photovoltaic facilities in Maine
• Represented a national bank in the sale/leaseback financing of two ground-mounted solar photovoltaic facilities on brownfields in western New York
• Represented a wind developer in the project financing of six wind farms currently operating in upstate New York; coordinated the due diligence for issuance of permitting opinions to both lenders and tax equity partners
• Assisted a major automobile manufacturer obtain Clean Air Act permits for more than 60 dealerships throughout New York State in connection with a limited service campaign
• Represented a major specialty chemical manufacturer in connection with a joint U.S. Environmental Protection Agency and New York State Department of Environmental Conservation investigation into violations of the Clean Air Act and the Resource Conservation and Recovery Act
• Represented a private equity firm in connection with its acquisition of waste management facilities in New York and West Virginia, including one of the nation’s largest medical waste incinerators
• Represented a national solar PV developer in the negotiation of several development services agreements with local solar PV developers
• Represented a utility in two separate offerings of debt securities backed by the operation of seven wind farms in five states; the engagement required performance of environmental and permitting due diligence on each of the wind farms, followed by drafting of securities disclosure statements and negotiation of the terms of permitting opinions with local counsel in each jurisdiction
• Represented various lenders in financing for the development of five separate ethanol production facilities; the engagement required conducting detailed due diligence on environmental and permitting matters, and coordinating that review among developers, the banks, and their respective environmental engineers
• Represented ITR Concession Company LLC in its widely publicized $3.8 billion acquisition of a concession to operate the Indiana Toll Road; tasks included environmental due diligence, extensive negotiation of the environmental provisions of the concession and lease agreement, and coordination of the transfer of over one hundred permits
• On a pro bono basis, represented Fresh Youth Initiatives, Inc., in connection with the remediation of a significant oil spill in upper Manhattan; Mr. Trimarchi was able to recover 100% of FYI’s cleanup costs from the New York Oil Spill Fund