People

Mark C. Kalpin

Partner

Co-Chair, Energy and Cleantech Group

Kalpin, Mark C.

Mark Kalpin advises clients on all aspects of energy, environmental and natural resource law. His practice focuses on the development of energy generation and natural resource projects, including natural gas pipelines, LNG import and export terminals, oil and gas field development and operation, natural resource extraction projects, and traditional and renewable energy generation facilities. Mr. Kalpin serves as co-chair of the firm’s Energy and Cleantech Group.

Mr. Kalpin counsels clients on project development activities, permitting and compliance requirements, and the defense of administrative and civil enforcement actions. He 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. He also 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, and 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 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.

Honors & Awards

  • Clients praise Mr. Kalpin for his "thorough work ... on very complex environmental matters" in the 2014 U.S. News – Best Lawyers "Best Law Firms" rankings. This comment appears on the U.S. News & Best Lawyers "Best Law Firms" website at bestlawfirms.usnews.com.
  • Named 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.

Publications & News

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May 20, 2014

EPA Final 316(b) Rule Establishes Standards for Cooling Water Intake Structures at Existing Facilities

The US Environmental Protection Agency (EPA) yesterday released its final rule on cooling water intake structures for existing power plants, refineries and factories.

July 16, 2013

Environmental Groups Petition EPA to Regulate Stormwater Discharges

On July 10, 2013, a group of environmental organizations (including American Rivers, Conservation Law Foundation (CLF) and Natural Resources Defense Council) petitioned the US Environmental Protection Agency (EPA) to impose sweeping stormwater permit requirements on commercial, industrial and institutional sites in EPA Region 1 (New England), 3 (Mid-Atlantic) and 9 (Pacific Southwest).

February 26, 2013

WilmerHale Partner Mark Kalpin Publishes Article in American Gas Magazine

"The Impact of Exports," an article by Partner Mark Kalpin, was published in the February 2013 edition of American Gas magazine.

January 3, 2013

Exports of LNG and the Public Interest: The Department of Energy Releases Its Report on the Impact of LNG Exports on the US Economy

February 21, 2012

US Justice Department Announces First-Ever Settlement of False Claims Act and Antitrust Claims Based on Bid-Rigging in Bureau of Land Management Mineral Rights Lease Auctions

January 5, 2012

Recently Enacted Pipeline Safety Act Will Increase Federal Oversight of Oil and Gas Pipelines

October 21, 2011

City of New Bedford Launches Groundbreaking Solar Power Initiative

April 4, 2011

FERC Requires Market-Based Compensation for Demand Response Resources

December 21, 2010

Section 1603 Program for Grants in Lieu of Renewable Energy Tax Credits Extended

May 27, 2010

The Revised Massachusetts Greenhouse Gas Policy and Protocol: Potential Implementation Issues

An Update For NAIOP Massachusetts by Mark C. Kalpin.

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, including on issues arising under the Clean Air Act, Clean Water Act, National Environmental Policy Act, Natural Gas Act, and Endangered Species Act
  • 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
  • Representation of KiOR, Inc. in connection with the negotiation of fuel off-take agreements for an operational “green fuel” production plant
  • 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 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
  • 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

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 Producer 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