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

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December 7, 2016

WilmerHale ENsights: Obama Legacy, Trump Team Takes Shape

Welcome to the inaugural issue of WilmerHale ENsights. In this and future editions, we will share weekly energy policy analysis on President-elect Donald Trump's transition and the priorities of the new Congress.

December 6, 2016

The Legal 500 Germany Recognizes WilmerHale Lawyers and Practices in 2017 Edition

The Legal 500 has released its 2017 edition of The Legal 500 Deutschland, Germany's guide to outstanding lawyers, recognizing WilmerHale in five categories.

November 29, 2016

FERC Enforcement Office Remains Focused on Market Manipulation and Compliance Programs

This month, the Office of Enforcement of the Federal Energy Regulatory Commission released its tenth Annual Report on Enforcement. The report provides FY2016 statistics on the investigative and enforcement activities conducted by OE's four divisions—Investigations, Audits and Accounting, Energy Market Oversight, and Analytics and Surveillance.

November 21, 2016

WilmerHale Attorneys Explain the Evolving Cybersecurity Environment of the Energy Sector

The Cybersecurity Law Report recently conducted a Q&A with Jonathan Cedarbaum, Jason Chipman and Nathaniel Custer about cybersecurity developments affecting the energy sector.

November 17, 2016

Energy Sector Alert Series: Energy and Environmental Policy Under President Trump

Following Donald Trump's unexpected victory in last week's presidential election, President-elect Trump enters office with a unified Republican Congress behind him and the ability to shape energy and environmental policy in the coming term.

November 15, 2016

Fish and Wildlife Service, Park Service Overhaul Decades-Old Regulations on Oil and Gas Operations in Wildlife Refuges and National Parks

The US Fish and Wildlife Service announced its final rule governing oil and gas development in wildlife refuges, updating the regulations for the first time in over 50 years.

November 10, 2016

Energy Sector Alert Series: Energy Companies With Trade Secrets—Welcome to the DTSA

Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data, or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets Act in 2016, energy companies have an additional tool to help them safeguard against misappropriation of their proprietary information.

November 4, 2016

Energy Sector Alert Series: Cybersecurity Developments in the Energy Sector

Russian, Iranian, and Chinese hackers have demonstrated their capability to use cyber exploits to control and disrupt power grids, generation facilities, and sophisticated natural resource extraction operations. Responding to these kinds of threats and others, Congress and federal agencies have dramatically strengthened cybersecurity requirements and authorities in the energy sector in recent year, and additional efforts are under way.

October 27, 2016

Energy Sector Alert Series: Antitrust and Acquisition of Partial Ownership Interests—What Energy Companies Should Know

Antitrust enforcers are increasingly scrutinizing transactions that result in partial ownership in competitors. This interest in partial acquisitions is particularly relevant in the energy sector, where the costs for developing large energy projects are high, and partial ownership can be used to spread risk and limit exposure.

October 20, 2016

Energy Sector Alert Series: Brexit and Energy—Leaving the EU While Staying Connected

It is still not clear what position the UK will take in negotiations on leaving the EU and what the remaining EU-27 countries will accept.

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.