Energy, Environment and Natural Resources REGULATORY AND GOVERNMENT AFFAIRS

WilmerHale's Energy, Environment and Natural Resources Practice draws on its substantive legal and technical background, knowledge of industry, and insight from government service to achieve clients' objectives in a range of regulatory, litigation, legislative and transactional matters arising at the intersection of law, business, science and public policy. Attorneys in our practice have served in senior positions in the US Department of the Interior, US Environmental Protection Agency (EPA), US Justice Department, and Federal Energy Regulatory Commission. Partner Ken Salazar has served as Secretary of the Interior, United States Senator for Colorado and Colorado Attorney General. Partner Tom Strickland served as Chief of Staff and Assistant Secretary for Fish and Wildlife and Parks for the US Department of the Interior. Partner Andy Spielman currently serves as Vice Chair of the Colorado Oil and Gas Conservation Commission and Chair of the Colorado Regional Air Quality Council.

We represent clients in a broad spectrum of industries—including oil and gas exploration, production, and transportation, renewable energy, gas and electric transmission and distribution, mining, recreation, aviation, defense, life sciences and pharmaceuticals, and financial services. Our practice focuses on addressing the development, counseling, transactional and litigation needs of that diverse range of clients, including highly charged Congressional and agency investigations, crisis counseling, and strategic response. We have one of the nation's foremost public lands practices, and work seamlessly across the firm's regulatory, transactional and litigation practices to represent clients in developing many of the most significant and complex projects on federal and private lands, both onshore and offshore.

Spielman, Andy

Andrew L. Spielman

Co-Partner-in-Charge, Denver Office

Chair, Energy, Environment and Natural Resources Practice

+1 720 274 3161 (t)

andy.spielman@wilmerhale.com

Gorelick, Jamie

Jamie Gorelick

Partner

+1 202 663 6500 (t)

jamie.gorelick@wilmerhale.com

Kalpin, Mark C.

Mark C. Kalpin

Partner

+1 617 526 6176 (t)

mark.kalpin@wilmerhale.com

Kirsch, Robert C.

Robert C. Kirsch

Partner

+1 617 526 6779 (t)

rob.kirsch@wilmerhale.com

Louis, Frédéric

Frédéric Louis

Partner

+32 2 285 49 53 (t)

frederic.louis@wilmerhale.com

Ross, Lester

Lester Ross

Partner

+86 10 5901 6588 (t)

lester.ross@wilmerhale.com

Salazar, Ken

Ken Salazar

Partner

+1 720 274 3131 (t)

Seyfarth, Martin

Martin Seyfarth

Partner

+49 30 20 22 64 30 (t)

martin.seyfarth@wilmerhale.com

Spielman, Andy

Andrew L. Spielman

Partner

+1 720 274 3161 (t)

andy.spielman@wilmerhale.com

Experience

Some examples of our work include:

  • Advising a global energy company in enforcement proceedings and federal agency and Congressional investigations stemming from a major accident and resulting oil spill.
  • Representing a major US oil and gas producer as national coordinating counsel on Clean Water Act regulatory and enforcement matters.
  • Assisting energy companies in successfully resolving suspension and debarment proceedings at the Department of the Interior and US EPA.
  • Assisting clients in developing, enhancing, and auditing corporate compliance programs, and when advantageous, guiding clients in voluntary self-disclosure under applicable federal and state audit policies.
  • Providing advice and counsel to a multi-national pharmaceutical company on a wide variety of aspects of environmental permitting, compliance and enforcement in connection with its research, manufacturing and laboratory operations.
  • Advising a multi-national pharmaceutical company on remediation of a proposed R&D headquarters location, zoning variances and environmental permits, and hazardous material handling and disposal permits, resulting in the successful development of a 1.5 million-square-foot campus.
  • Representing specialty chemical manufacturing companies in Toxic Substances Control Act enforcement and regulatory compliance matters, including design and implementation of TSCA auditing programs under EPA consent agreements.
  • Securing federal, state and county land use approvals for nearly 4,000 megawatts of wind energy, including more than 1,000 megawatts in Eastern Colorado.
  • Advising renewable energy companies in the development, financing and operation of solar generation, wind generation and biofuel production facilities throughout the United States.
  • Representing clients in connection with the licensing and permitting to construct, operate or expand publicly controversial facilities including in the nuclear energy, waste management, retail and recycling sectors.
  • Representing ski areas nationwide as public lands, NEPA, forest service and land use counsel.
  • Representing major Independent Power Producers (IPPs) with ensuring compliance with federal and state wildlife laws.
  • Successfully challenging in federal district and appellate court, based on constitutional Supremacy Clause grounds, and striking down a state law imposing a heightened cleanup standard on a single contaminated site.
  • On a pro bono basis, representing seven national, state and Western Slope environmental and conservation groups as parties to the successful mediation and settlement of the 30-year long Black Canyon of the Gunnison water rights litigation.
  • Representing several state entities on energy and environmental regulatory issues in connection with the proposed conversion of the state's existing generation fleet from oil-based fuels to natural gas fuels, compliance with EPA's MATS standards, and the proposed construction of an LNG import facility.
  • Defending a financial services company against electric market manipulation charges asserted by the Federal Energy Regulatory Commission.
  • Assisting 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.
  • Representing clients in numerous CERCLA and analogous state-lead enforcement proceedings throughout the United States, including defense and prosecution of cost recovery claims and designation as common counsel at various multi-party sites.
  • Representing a petroleum marketing company in bankruptcy proceedings and negotiating resolution of issues relating to closure of underground storage tanks.
  • Advising major oil and gas companies on risk allocation and negotiated environmental terms and conditions in billion-dollar asset-based transactions.
  • Representing several clients in diverse matters relating to hydraulic fracturing, including: monitoring of and advocacy in federal and state regulatory proceedings; defense of personal injury/property damage claim; and evaluation of risk associated with waste management and disposal. 

Publications & News

View

April 24, 2017

US Announces Review of Iran Nuclear Deal

On April 18, 2017, the State Department certified to Congress that Iran was in compliance with its obligations under the Joint Comprehensive Plan of Action between the United States, Iran, and the P5+1 nations.

April 3, 2017

Trump Order Ushers in the Future of US Energy and Environmental Regulation

On March 28, President Trump launched a sweeping overhaul of US energy and environmental policy.

March 28, 2017

Cautious about Collaboration: Antitrust Scrutiny in Oil and Gas Exploration

This article by Thomas Mueller and Nana Wilberforce was shared at the 64th Spring Meeting of the ABA Section of Antitrust Law, which took place in March 2017.

March 14, 2017

President Trump Signs Executive Order on Plan for Reorganizing the Executive Branch

On March 13, 2017, President Trump signed an Executive Order setting forth the process by which the Trump Administration will consider the possible reorganization of the Executive Branch and the potential “eliminat[ion of] unnecessary agencies, components of agencies, and agency programs.”

March 8, 2017

President Trump Signs Revised Immigration Executive Order

On March 6, 2017, President Trump signed a substantially narrowed version of the January 27, 2017 Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.”

March 6, 2017

President Trump Signs WOTUS Rule's Death Warrant

On February 28, President Trump signed an Executive Order to begin the process of rescinding or revising the infamous WOTUS Rule.

March 2, 2017

Former DOD Official Rachel Jacobson Sees Stable Cleanups for Military Even With EPA Cuts

In an exclusive interview with Inside EPA, Rachel Jacobson, former Defense Department Deputy General Counsel of Environment, Energy and Installations, says she sees DOD fulfilling its cleanup responsibilities even if EPA's budget for overseeing such cleanups were to be cut under the Trump Administration, but notes that funding for DOD cleanups has nonetheless always been a challenge.

February 28, 2017

President Trump Signs Executive Order Setting Guidelines for Identifying Regulations for Repeal, Replacement, or Modification

On February 24, 2017, President Trump signed an Executive Order setting forth guidelines pursuant to which the Trump administration will implement and enforce its regulatory reform initiatives and identify regulations for repeal, replacement, or modification.

February 27, 2017

Natalie Hanlon Leh, Andrew Spielman Recognized as Top Attorneys in Denver

5280 Magazine identifies the most respected attorneys in 49 specialties based on nominations and feedback from nearly 16,000 lawyers in the state.

February 13, 2017

WilmerHale Adds Former Congressional Aide Timothy Martin to Public Policy and Legislative Affairs Group

With a focus on transportation, financial services, natural resources and agriculture, among other issues, Martin will help the firm's growing list of clients address their complex policy and regulatory challenges in the nation's capital.

Recognition

  • U.S. News - Best Lawyers® included WilmerHale on its 2017 “Best Law Firms” list for environmental law nationally (tier 1) and in Boston (tier 1) and Colorado (tier 2); energy law in Boston (tier 1); and natural resources law in Colorado (tier 2).
  • The Legal 500 United States recommended WilmerHale in the area of energy: regulatory in its  2015 and 2016 editions.