Backing energy efficiency and renewable energy
- Counsel investors, developers, landowners, municipalities and energy customers on solar, wind, hydropower and battery storage projects.
- Represented wind energy developer to beat back utility’s proposed access fee based on an unsupported claim that distributed generation projects add cost to the distribution system (RIPUC Doket 4568).
- Helped develop and pass Rhode Island’s Municipal Streetlight Investment Act and negotiate resulting tariffs and agreements and support Partnership for RI Streetlight Management and municipalities buying, operating and maintain their streetlights for greater efficiency and reduced cost (RIPUC 4442).
- Represent energy developers contesting interconnection fees and taxes and on legislation passed to cap the time and cost of interconnection.
- Negotiated turbine supply agreement with German supplier for ten wind turbines.
- Worked with two utilities to sort out a service territory issue to green light interconnection and development of a proposed 2.3MW ground mount solar system in Burrillville Rhode Island.
- Negotiated performance contracts with energy service companies for towns making efficiency improvements funded by guaranteed energy savings.
Solving environmental challenges
- Support energy development project on landfills and contaminated properties.
- Lead environmental diligence and negotiations on real estate transactions.
- Litigated Coastal Resource Management Council case on proposed residential pier on a shoreline without piers, where residents use moorings.
- Sued to recover costs of removing and remediating an underground storage tank that was not disclosed when a large food manufacturing company bought the property.
- Managed environmental investigations and remediation and negotiated transfers of manufacturing companies, printing companies, electrical utilities, and related industries.
- Resolved the transfer of an air emission permit and negotiated an environmental management agreement for the divestiture of a fiberglass molding plant in a shared manufacturing facility.
- Counsel clients on environmental issues raised in association with the proper closure of large, old, heavy-manufacturing plants.
Resolving land use and real estate concerns
- Opposing proposal to overextend easement, subdivide and overdevelop farmland protected under comprehensive plan.
- Help clients investigate, negotiate for and finance the acquisition and refinancing of open space, residential and commercial properties, including:
- Acquisition of industrial property for energy efficiency contractor.
- Residence and large property in Foster, Rhode Island.
- Acquisition of shopping plaza and abatement of its sewer assessment.
- Innovative kitchen incubator project in Warren, RI, that will help local food producers get their products to market.
- Defended Warwick on an inverse condemnation case involving application of zoning ordinance to proposed waterfront development.
- Negotiate conservation easements and other land use agreements for leading conservation organization.
- Won RI Supreme Court case affirming decision that renewable energy projects are exempt from the tangible tax per state law. Helped draft, supported and passed legislation amending State law to establish standard tangible consistent, foreseeable and equitable tax treatment for renewable energy projects across Rhode Island.
- Defended town against claim that net metering compensation exceeded federal wholesale (PURPA) avoided cost rate restrictions (RIDPUC Docket D-10-126).
- Defended preservation organization against a contract claim for alleged tax abatement services at trial in Superior Court.
- Arbitrated claims related to negligent construction work that plagued a condominium association.
- Brought proceedings before the Rhode Island Division of Public Utilities and Carriers to ensure the reliability of Warwick’s water supply and to protect the City against damages resulting from the relocation of gas lines during its sewer projects.
- Filed suit and negotiated settlement of Warwick’s claims for damages from a water main break caused by negligent engineering and drilling in a sewer installation project.
- Helped homeowners arbitrate and recover damages caused by a contractor’s negligent painting work and the insurer’s refusal to honor the contractor’s claim.