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

  • 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


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.

April 20, 2016

Interior Releases Final Rule for Blowout Prevention Systems and Well Control in Offshore Drilling Operations

On April 14, 2016, the Department of the Interior, through the Bureau of Safety and Environmental Enforcement, released a final rule establishing requirements for certain offshore oil and gas drilling, completion, workover, and decommissioning processes that are designed to enhance safety and minimize well-control incidents. 

March 17, 2016

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

Over the last several years, a number of important energy-related cases have reached the US Supreme Court or the federal courts of appeals. Many of these cases concern the scope of authority of the Federal Energy Regulatory Commission and the Environment Protection Agency to regulate in this area.

March 3, 2016

Energy Sector Alert Series: As Oil Prices Descend, Patent Enforcement Litigation Increases Within Energy Industry

The recent slump in oil prices has impacted oil and gas companies in a variety of ways, some to be expected, some less so. One unwelcome development is that while these companies have been implementing cost-savings and other measures to offset decreasing revenues, their expenditures on patent infringement litigation have been increasing.

February 25, 2016

Energy Sector Alert Series: Five Essentials for Managing Deal Risk

Oil prices have fallen below $30 per barrel for the first time in more than a decade. This trend, along with the shale gas boom, evolving regulatory constraints, and a growing focus on renewables, have made one thing clear: the oil and gas industry is getting a makeover. 

February 23, 2016

WilmerHale Advises MKS Instruments on $980 Million Acquisition of Newport Corporation

WilmerHale is advising its long-time client MKS Instruments, Inc. on its acquisition of Newport Corporation in an all-cash transaction valued at approximately $980 million.

February 18, 2016

Energy Sector Alert Series: Modern Compliance Programs in an Age of New Threats

Companies operating in the energy space face a host of new compliance obligations and challenges, ranging from data privacy to new regulations to physical security. While many federal agencies have a policy or set of guidelines addressing their expectations for a compliance program, reliance solely on agency guidance is often inadequate. 

December 22, 2015

FERC Investigations and Enforcement Remain Focused on Market Manipulation

The Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) recently released its annual report for the past fiscal year. The report provides FY2015 statistics on the investigative and enforcement activities conducted by the OE's four divisions—Investigations, Audits and Accounting, Energy Market Oversight, and Analytics and Surveillance.

November 11, 2015

FERC Extends Comment Period on Proposal to Expand Reporting Requirements for Power Market Participants

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) proposed a rule requiring wholesale electricity buyers and sellers (participants in markets run by Regional Transmission Organizations (RTOs) or Independent System Operators (ISOs)) to file information on each of their “Connected Entities”—even if those connected entities do not participate in the ISO/RTO markets. This is a potentially significant step in FERC’s efforts to expand its investigative and enforcement capabilities.

October 22, 2015

Navient Acquires Xtend Healthcare

Navient announced that it is leveraging its asset recovery and business process outsourcing capabilities into the fast-growing health care payments sector with the acquisition of Xtend Healthcare.

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