McCarter & English has a full-service environmental, health and safety practice, as well as a group of attorneys focused on energy industry transactions and issues. The team counsels clients; handles litigation, appeals and regulatory proceedings for regulated businesses; and supports projects, mergers, acquisitions, sales, regulated transactions, divestiture strategies, redevelopment projects and an array of other matters. Our attorneys also specialize in representing the unique interests of rural electric cooperatives, municipal electric and natural gas systems, other energy consumers and state and local consumer advocates.

The environmental team of attorneys is involved in Superfund, NRD, RCRA, Clean Water and Clean Air actions and provide advice on issues ranging from regulatory compliance, disclosure issues and due diligence to the resolution of complex administrative and judicial litigation before federal and state agencies and courts. The firm's environmental experience extends through not only the Northeast and mid-Atlantic regions where its offices are located, but also nationally in diverse matters that have involved every major federal environmental program.

The energy team provides a full range of legal counsel. The firm's practice centers on traditional facets of federal and state regulation affecting the electric, hydroelectric, natural gas and oil utility industries, particularly the regulation of rates, terms and conditions of service of individual utilities and organized energy markets. We counsel our clients with respect to complex energy transactions; asset management; hedging; energy project development and financing; mergers and acquisitions; regulated transactions; divestiture strategies and redevelopment projects; transmission planning and cost allocation; and compliance with tariff, mandatory anti-manipulation and reliability standards. Services include those for the electrical and natural gas industries, including corporate transactional representation; regulatory advice; renewable energy and climate change counseling; renewable energy project financing and development, including solar, wind, biomass and cogeneration; emission reduction and carbon credit transactions. Our attorneys provide guidance with respect to federal agency regulations and reporting requirements, including the Federal Energy Regulatory Commission, Department of Energy, North American Electric Reliability Corporation, United States Department of Agriculture, Commodities Futures Trading Commission, and Securities and Exchange Commission. Our attorneys have appeared before numerous state commissions, agencies and courts throughout the country in approximately 40 states from Maine to California, and in the District of Columbia. And our attorneys represent the interests of our clients before rating agencies, municipal councils, Regional Transmission Organizations and trade associations, and in bilateral and multilateral business transactions.

Our Environment & Energy Practice Group provides support in the following areas:

Environmental Services

  • Multi-party “Superfund” litigation, cost recovery cases, transaction or contract-related environmental claims

  • Natural Resource Damage Assessments and Natural Resource Damage litigation

  • Due diligence evaluations and negotiation of merger, acquisition and divestiture agreements;

  • Regulatory compliance counseling on air, water, solid and hazardous waste, toxic substances, lead and asbestos issues, as well as workplace health and safety concerns;

  • Compliance with self-audit and disclosure requirements, including the disclosure regime applicable to public companies under the Sarbanes-Oxley Act of 2002;

  • Permitting and licensing work before local, state and federal regulatory authorities;

  • Representation of developers, power purchasers and financing sources in both fossil based and renewable energy projects, including wind, solar, geothermal and pumped storage facilities located throughout the United States;

  • Advice on the remediation, transfer and redevelopment of contaminated properties;

  • Evaluation of the use of environmental insurance products for long-term management of existing liabilities as well as future remediation, property damage and personal injury claims;

  • Defense of civil and criminal claims, including natural resource damage investigations;

  • Prosecution and defense of cost recovery, property damage and toxic tort claims;

  • Land use development counseling and litigation, including the siting of new energy and telecommunications facilities and structures including wireless communication towers, transmission lines, and landfills; and

  • OSHA compliance.

As an example of the firm's leading role in the emerging national trends in environmental law, we are currently representing several clients in defense of alleged damage to natural resources in New Jersey -- claims that may be the new frontier in a national trend to revisit rivers, estuaries and other resources that were historically impacted by industrial activity.

Energy Services

  • Supporting clients on various aspects of photovoltaic and thermal solar projects, including transactions concerning Solar Energy Generating Systems (SEGS) projects;

  • Assisting clients with wind sector projects, including the Alta wind project in Mojave, CA;

  • Representation of developers, power purchasers and financing sources in both fossil based and renewable energy projects, including wind, solar, geothermal and pumped storage facilities located throughout the United States;

  • In coordination with the Firm’s other practice groups, drafting and negotiated power purchase agreements, inter-connection agreements, fuel handling and supply agreements, and various lending and security documents associated with different energy projects;

  • Counseling utility holding companies on merger and asset acquisition issues, including a full range of transactional advice;

  • Advise on competitive natural gas marketers in administrative litigation with incumbent natural gas utilities;

  • Representing clients on permitting and licensing issues before local, state and federal regulatory authorities;

  • Advise on compliance with self-audit and disclosure requirements, including the disclosure regime applicable to public companies post enactment of the Sarbanes-Oxley Act of 2002;

  • Performs due diligence evaluations of energy regulatory issues in the negotiation of merger, acquisition and divestiture agreements;

  • Provides facility siting advice and secures regulatory approvals on a range of projects including undersea electric transmission cables, marine liquefied natural gas import terminal facilities, fossil-fueled power plants and wireless telecommunications towers;

  • Assists competitive market participants in connection with auctions for standard offer generation services.