People

Mark C. Kalpin

Partner

Co-Chair, Energy and Cleantech Group

Kalpin, Mark C.

Mark Kalpin is a partner in the firm's Regulatory and Government Affairs Department, and is the co-chair of the firm’s Energy and Cleantech Group. He joined the firm in 1995.

Practice

Mr. Kalpin regularly advises clients on all aspects of energy, environmental and natural resource law, and focuses on the development of traditional and renewable energy generation projects. He represents clients on policy and regulatory issues before the Federal Energy Regulatory Commission, the Department of Energy, state Public Utility Commissions, and other Federal and state agencies. Mr. Kalpin has negotiated equipment purchase agreements, EPC contracts, fuel supply agreements and power sales agreements for projects ranging in size from large merchant power plants to small-scale wind and solar power projects. He also has assisted renewable energy project proponents in obtaining and negotiating the terms of grants, loans and loan guarantees from the Department of Energy and other agencies.

Mr. Kalpin counsels clients on project development activities, environmental permitting and compliance requirements, and the defense of environmental enforcement actions. He has extensive experience in environmental requirements applicable natural resource and energy development projects, including natural gas pipelines, LNG import terminals, oil and gas field development and operations, natural resource extraction projects and electric generation facilities. Mr. Kalpin has successfully represented clients in federal and state environmental enforcement actions, administrative appeals and permitting proceedings arising under federal and state environmental statutes, including the National Environmental Policy Act, Endangered Species Act, Clean Water Act, Clean Air Act, Outer Continental Shelf Lands Act and National Historic Preservation Act.

Honors & Awards

Mr. Kalpin was named as a "New England Super Lawyer" (formerly "Massachusetts Super Lawyer") in environmental/land use and energy/natural resource laws in the 2004 through 2013 issues of Boston Magazine.

Recent Highlights

  • Representation of the Puerto Rico Electric Power Authority, the Puerto Rico Government Development Bank, and the Office of the Governor of Puerto Rico on regulatory issues in connection with the development of the proposed Via Verde Natural Gas Pipeline Project, the proposed conversion of PREPA’s electric generation plants from oil-based fuels to natural gas, and the proposed importation of LNG to the island
  • Representation of CoolPlanet Energy Systems on regulatory, equipment procurement, and fuel sale issues in connection with the construction and operation of a pilot facility for the production of renewable fuel
  • Representation of solar project developers, commercial entities, and municipalities in connection with the financing and development of more than 75 MW of solar (PV) generation projects in Massachusetts
  • Representation of KiOR, Inc. in connection with the negotiation of fuel off-take agreements for a proposed commercial “green fuel” production plant
  • Representation of a natural gas well services company in connection with a Congressional inquiry into hydraulic fracturing
  • Represented a renewable energy company with respect to a Congressional inquiry into the Department of Energy Loan Guarantee Program
  • Represented renewable generation project owners on agency inquiries and litigation regarding the Department of Treasury Section 1603 Program
  • Represented a regional solar project developer in a $75 million equipment (sale-leaseback) financing for the development and operation of solar (PV) generation projects
  • Representation of 1366 Technologies in the negotiation of a $150 million loan guarantee issued by the US Department of Energy
  • Representation of A123 Systems in the negotiation of grant funding and a loan award from the US Department of Energy, and on other energy regulatory issues related to A123’s energy storage business
  • Represented a German bank in connection with the refinancing of a $600 million loan facility for a semi-submersible deep water drilling rig
  • Representation of Cape Wind Associates, LLC on environmental permitting and policy issues associated with the development of the nation’s first proposed offshore wind energy generation facility
  • Representation of Neptune LNG, LLC in the negotiation of a contractual framework agreement governing the design, construction and operation of a deepwater LNG Marine Import Terminal
  • Representation of Weaver's Cove Energy, LLC on environmental permitting and policy issues associated with the development of an on-shore LNG Marine Import Terminal
  • Representation of SUEZ LNG NA, LLC in the negotiation, litigation and renegotiation of a 20-year natural gas supply agreement with a 1600-MW electric generation plant located in metropolitan Boston
  • Representation of Range Fuels on equipment procurement and construction contracting for a commercial-scale cellulosic ethanol production facility
  • Representation of American Renewables on equipment procurement and construction contracting for a 100 MW biomass power project
  • Representation of national commercial retailers, national financial companies, and municipalities in connection with the purchase of electricity and natural gas from competitive suppliers on a single facility and regional basis, and in the direct purchase of energy supplies from regional wholesale electric markets
  • Representation of INIMA USA in connection with securing regulatory approval for the construction of a wholesale water desalination plant in Massachusetts
  • Defended a national manufacturer against allegations of non-compliance with federal and state requirements under the Clean Air Act
  • Defended a national commercial "big box" developer against allegations of non-compliance with the stormwater permitting requirements of the Clean Water Act
  • Advised several international manufacturers on emerging environmental regulations in the European Union (such as RoHS, WEEE and REACH), China and South Korea

Professional Activities

Mr. Kalpin is the President Emeritus of the Northeast Energy and Commerce Association (NECA), the Co-Chairman of The New England Council's Energy and Environment Committee, and a past Chairman of the American Bar Association's Energy Facilities and Siting Committee. He was with the Federal Energy Regulatory Commission's Office of Pipeline and Product Regulation from 1986 to 1993.

Practices

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Education

JD, with High Honors, George Washington University Law School, 1993

MS, Wildlife Management, West Virginia University, 1986

BS, Wildlife and Fisheries Biology, University of Massachusetts, 1984

Bar Admissions

Massachusetts

District of Columbia