With decades of experience helping clients navigate the federal and state hydropower regulatory arena, our hydropower practice supports energy industry clients in every aspect of hydropower, including:
As one of the largest and most recognized hydropower practices in the nation, with a collective experience of more than 50 years, we have assisted scores of investor-owned utilities, public power entities, independent power producers, state and local governments, water utility districts, and developers throughout the U.S. with the complex FERC licensing and relicensing process.
Our experience covers the full spectrum of hydropower licensing, from initial scoping to preparing license applications and negotiating with federal, tribal and state resource agencies and other stakeholders to defense of licensees’ interests through administrative and judicial appeals. We help clients develop successful legal and regulatory strategies that manage every aspect of their projects, providing counsel on license compliance matters relating to natural resources, recreation, dam safety, and other regulatory issues. We advise clients on compliance with the requirements of NEPA, the Clean Water Act, U.S. Army Corps of Engineers regulations, and state and federal statutory and regulatory requirements addressing endangered species, coastal zone management, historic preservation, tribal and cultural resources, public lands management, water resource development, water quality, and water supply.
Complementing our regulatory counsel, we have significant experience in advocating for pragmatic, policy-based solutions to complex, interdisciplinary challenges in hydropower licensing and regulation before Congress and executive branch leadership in Washington, D.C. As recognized thought leaders in hydropower and energy policy, we help clients achieve their business objectives through targeted legislation, congressional oversight and advocacy, executive branch advocacy, and other strategies.
With regard to transactions, we bring our depth of experience with the unique and complex regulatory requirements governing hydropower projects to the table when representing clients in mergers, acquisitions, and other transactions involving both large- and small-scale hydroelectric projects. We counsel a broad array of public and private companies, private-equity firms and financial sponsors, investment banks, governmental entities, and other institutions and individuals engaged in almost every type of M&A situation. By combining our national and international footprint with the breadth of our practice and targeted experience — particularly with utilities — we provide our clients with deep resources when executing their transactions. We help them optimize tax benefits, meet regulatory requirements, and structure and negotiate acquisition financing, including senior and mezzanine debt arrangements, private placements, and public offerings of notes and other securities.
Our representation of hydropower clients includes litigation, settlement negotiations, and dispute resolution relating to all aspects of a hydropower facility. Our litigation experience includes administrative litigation before FERC, accompanying appellate litigation in state and federal courts, including multiple U.S. Courts of Appeal and the U.S. Supreme Court, and trial-court litigation in federal and state courts related to the operation and maintenance of hydropower facilities across the U.S.
Washington Energy Report
06.25.24
Fueling Up: How to Make U.S. Clean Hydrogen Projects Happen
Articles + Publications
06.04.24
FERC Issues Notice of Proposed Rulemaking to Conform to EPA's Recent CWA 401 Rule
Articles + Publications
04.03.24
Final ESA Regulations Issued by the Services
Speaking Engagements
03.13.24
Waterpower Week 2024
Firm News
11.27.23
Report: U.S. Energy Sector Reaches Turning Point on Transmission
Washington Energy Report
05.18.23
Biden Issues Executive Order Increasing Agency Requirements on Environmental Justice