Mark C. Kalpin


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

  • Recommended in the 2016 edition 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
  • Named a "New England Super Lawyer" (formerly "Massachusetts Super Lawyer") in environmental/land use and energy/natural resource laws in the 2004 through 2015 issues of Boston Magazine.

Publications & News


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.”

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

June 1, 2016

Supreme Court Provides for Judicial Review of Army Corps Determinations

On May 31, 2016, the Supreme Court of the United States held that final determinations by the U.S. Army Corps of Engineers regarding the presence or absence of “waters of the United States” can be appealed to the courts.

May 3, 2016

WilmerHale Represents MKS Instruments in Acquiring Newport Corporation and Securing $980 Million Acquisition Financing

WilmerHale represented its long-time client MKS Instruments, Inc., a global technology provider, in closing its acquisition of Newport Corporation, a worldwide leader in photonics solutions, for approximately $905 million.

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. 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.


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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


District of Columbia

Government Experience

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