People

Mark C. Kalpin

Partner

Co-Chair, Energy and Cleantech Group

Kalpin, Mark C.

Mark Kalpin advises clients on the financing, development and operation of energy, infrastructure and natural resource development projects, including offshore and onshore wind projects, solar generation projects, electric generation facilities, electric transmission facilities, LNG terminals, natural gas pipelines, and subsea telecommunication cables. He has represented companies before the Federal Energy Regulatory Commission, Bureau of Ocean Energy Management, Army Corps of Engineers, Department of Energy, state Public Utility Commissions and regional electric Independent System Operators. Mr. Kalpin serves as co-chair of the firm's Energy and Cleantech Group.

Mark advises clients on all aspects of energy, environmental and natural resource law, and has successfully represented clients in federal and state environmental enforcement actions, administrative appeals and permitting proceedings arising under the National Environmental Policy Act, Endangered Species Act, Clean Water Act, Clean Air Act, Outer Continental Shelf Lands Act, National Historic Preservation Act, Federal Power Act and Natural Gas Act. He has assisted renewable energy project proponents in obtaining and negotiating the terms of grants, loans and loan guarantees from the Department of Energy, and has negotiated equipment purchase agreements, EPC contracts, fuel supply agreements, and power purchase agreements for a wide variety of traditional and renewable energy generation projects.

Honors & Awards

  • Recommended in the 2016 and 2017 editions of The Legal 500 United States in the area of energy: regulatory
  • 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 2004-2016 issues of Boston Magazine.

Publications & News

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June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

January 25, 2017

Agencies Chart the Future of US Offshore Wind Development

In this article published by Pratt's Energy Law Report, Mark Kalpin, Michael Hazel, Bonnie Heiple and Raya Treiser discuss a national strategy recently announced by the US Departments of Energy and the Interior to facilitate the responsible development of offshore wind energy in the United States.

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.

October 13, 2016

Energy Sector Alert Series: Supreme Court Cases to Watch

The Supreme Court began its new term on Monday, October 3, with only eight justices instead of the full complement of nine. Perhaps in part as a result of its desire to avoid controversial cases, the Court has accepted fewer matters involving environmental, energy and natural resources issues.

October 3, 2016

Department of Energy Updates Integrated Interagency Pre-Application Process for Electric Transmission Projects

On Wednesday, September 28, 2016, the Department of Energy published in the Federal Register a final rule which revises the agency's regulations governing its Integrated Interagency Pre-Application process and which will go into effect on November 28, 2016.

September 27, 2016

Agencies Chart the Future of US Offshore Wind Development

The US Department of Energy and US Department of the Interior recently announced an updated national strategy to facilitate the responsible development of offshore wind energy in the United States, with a goal of supporting the development of 86 gigawatts of wind energy by 2050.

August 4, 2016

White House Issues Final Guidance on Climate Change Impact Analysis

On August 1, 2016, the White House Council on Environmental Quality released its final guidance on how and when federal agencies should consider the direct and indirect impacts from climate change, including from greenhouse gas emissions, in environmental reviews conducted under the National Environmental Policy Act.

July 28, 2016

FERC Goes Back to the Drawing Board on Data Collection Rule

On July 21, 2016, the Federal Energy Regulatory Commission proposed a new data collection rule that would require market-based rate sellers and entities trading virtual products or holding firm transmission rights in wholesale electric markets to report detailed information on their ownership structure, financial and legal connections with other entities, and other related information.

July 20, 2016

The FTC's Entry Into Rooftop Solar Consumer Protection

In this article published by Law360, Mark Kalpin, Patrick Bernhardt and former Associate Joseph Jerome explain why companies should stay abreast of the FTC's actions as it continues to evaluate consumer protection-related issues regarding solar energy and take appropriate steps to ensure that their marketing practices and contracts conform to applicable law and best industry practices.

July 1, 2016

FTC Workshop Examines Competition and Consumer Protection Issues in Rooftop Solar Industry

On June 21, 2016, the Federal Trade Commission held a workshop to examine competition and consumer protection issues in the rooftop solar industry—also known as solar “distributed generation.”

Recent Highlights

  • Representing one of the largest developers of offshore wind projects in the world on regulatory, permitting and commercial issues related to the proposed development of commercial-scale offshore wind generation projects in the United States
  • Advising a financial services company in an action brought by the Federal Energy Regulatory Commission in US District Court, seeking to enforce a $435 million penalty for alleged violations of the Federal Power Act
  • Representing ENGIE Gas and LNG, LLC on commercial and regulatory issues related to a long-term natural gas supply agreement with a 1600-MW electric generation plant located in metropolitan Boston
  • Advising a financial services company on numerous energy related matters, including the proposed acquisition of wind generation projects, the development of solar generation projects, the purchase of electricity on a wholesale basis, and regulatory matters arising before the Federal Energy Regulatory Commission, various regional Independent System Operators, and state public utility commissions
  • Advising regional and national entities on commercial and regulatory issues related to the development of community solar programs and consumer residential solar finance programs
  • Represented 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
  • Advised 1366 Technologies in the negotiation of a $150 million loan guarantee issued by the US Department of Energy
  • Represented A123 Systems in the negotiation of grant funding and a loan guarantee from the US Department of Energy, and on other federal energy regulatory issues related to A123's energy storage business
  • Advised Weaver's Cove Energy, LLC on environmental permitting and policy issues associated with the development of an on-shore LNG Marine Import Terminal
  • Represented 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
  • Advised Neptune LNG, LLC in the negotiation of a contractual framework agreement governing the design, construction and operation of a deepwater LNG Marine Import Terminal, and on the environmental permitting for that facility
  • Advised American Renewables on equipment procurement and construction contracting for a 100 MW biomass power project
  • Represented Range Fuels on equipment procurement and construction contracting for a commercial-scale cellulosic ethanol production facility
  • Advised KiOR, Inc. in connection with the negotiation of fuel off-take agreements for an operational “green fuel” production plant
  • Represented 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
  • Advised a renewable generation project owner on agency inquiries and litigation regarding the Department of Treasury Section 1603 Program, a natural gas well services company in connection with a Congressional inquiry into hydraulic fracturing, and a renewable energy company with respect to a Congressional inquiry into the Department of Energy Loan Guarantee Program
  • Represented solar project developers, commercial entities, and municipalities in connection with the financing and development of more than 100 MW of solar (PV) generation projects in Massachusetts 
  • Advised a financial services company in a variety of financing transactions related to the purchase of renewable energy certificates from generation projects, including establishing several “funds” to facilitate those purchases
  • Represented a regional solar project developer in a $75 million equipment (sale-leaseback) financing for the development and operation of solar (PV) generation projects
  • Represented a German bank in connection with the refinancing of a $600 million loan facility for a semi-submersible deep water drilling rig
  • Represented INIMA USA in connection with securing regulatory approval for the construction of a wholesale water desalination plant in Massachusetts

Professional Activities

Mr. Kalpin is the President Emeritus of the Northeast Energy and Commerce Association (NECA), a member of the Board of Directors of The New England Council and the Chairman of its Energy and Environment Committee, a Director of the Charitable Foundation of the Energy Bar Association from 2014-2017, and a past Chairman of the American Bar Association's Energy Facilities and Siting Committee. In 2015, he was appointed by Governor Charlie Baker as a member of the Massachusetts Energy Facilities Sitting Board.  

Mr. Kalpin 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

Government Experience

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