Environmental & Alternative Energy

Environmental Law

Environmental issues are increasingly important to companies conducting business in the Pacific Region. Carlsmith Ball has a team of lawyers who concentrate in environmental law, helping clients including major land owners and developers, and agribusiness, energy, and banking clients. Our work on their behalf includes counsel and representation in matters regarding:

• Allocation of environmental risk in business transactions
• Environmental permitting and compliance
• Clean-up of contaminated property (CERCLA, RCRA)
• Oil spills (Oil Pollution Act)
• Endangered Species Act
• Defense of government enforcement actions
• National Environmental Policy Act
  

Many of our clients develop real property for commercial or industrial use and require assistance with environmental permitting and compliance under various federal and state laws. In permitting matters, we work with the client to identify a master strategy to obtain the permits, coordinate the engagement of appropriate experts, represent the client at public hearings, and negotiate permit conditions with government regulators. Our permitting work has included helping an international energy development company obtain a covered source permit from the Clean Air Branch of the Hawaii State Department of Health for construction of a steam power plant. We have extensive experience in solid waste permitting and compliance.

Clean-Up Of Contaminated Property (CERCLA, RCRA)

We represent a number of clients that have undertaken the clean-up of contaminated property. We help develop cost-effective approaches to comply with environmental laws and regulations, and have negotiated on our clients' behalf with the Hawaii State Department of Health and the U.S. Environmental Protection Agency to obtain approval of clean-up plans. We help select, engage, and manage environmental consultants, and advise the client on the level of clean-up appropriate for each site. Our past work includes:

• Representing a client in connection with planning and implementing the clean-up of a potential Superfund site, which prevented the site from being listed as a Superfund site and led to a "no further action" letter from the Hawaii State Department of Health.
• Successfully representing a landlord in litigation against a former tenant for damages resulting from contamination of the property by a leaking underground storage tank. The case was the first in Hawaii in which a landlord recovered damages from a former tenant in connection with environmental contamination.

Oil Spills (Oil Pollution Act)

The firm's environmental group and maritime practice group have together defended economic and natural resource damage claims arising from oil spills and collisions at sea in U.S. and foreign countries.

Endangered Species Act

The environmental group's experience includes representing the government of the Territory of Guam in disputes with the federal government over endangered species.

National Environmental Policy Act (NEPA)

Many of our clients' projects and proposed permits involve NEPA issues, and the environmental group has frequently addressed the need for and sufficiency of an Environmental Impact Statement. Our NEPA litigation experience includes our successful representation of the City and County of Honolulu in defending a citizens' suit challenging one of the City and County's federally funded transportation projects.

Defense Of Government Enforcement Actions

The environmental group has successfully represented clients in a variety of federal and state government enforcement actions which have been resolved through negotiation or contested case hearings, or both.

Energy

Contributing to Hawaii's Energy Future

The Energy Group at Carlsmith Ball represents a wide array of Hawaii, U.S. mainland and foreign business clients engaged in developing and operating energy projects that sell electric energy to Hawaii's electric utilities for sale to their customers. These client include fossil-fuel generators as well as generators using renewable energy resources-wind, solar, geothermal, biomass, OTEC (ocean thermal energy conversion), wave energy, hydroelectric, biotech

The Group provides creative, innovative and cost-effective legal services to its clients in numerous areas, including:

• Structuring project entities to develop, own and operate the energy facility and sell electric energy to utilities
• Acquiring the project site, including due diligence, acquisition negotiation, financing negotiations, and documentation preparation
• Assisting in obtaining all required federal, state and county permits and approvals
• Negotiating power purchase arrangements with the utilities to purchase the project's power
• Assisting with project finance for the project and subsequent contractual matters for the project's development and operations
• Obtaining legislative acceptance of energy projects, including legislative authorization of State special purpose revenue bond financing
• Initiating and otherwise participating in Public Utilities Commission proceedings involving energy matters 

The Carlsmith Difference

Our deep experience and broad geographic coverage allows us to quickly provide environmental clients with strategic counsel and representation designed to protect their interests and assets while complying with all appropriate regulations. Our long-standing and extensive experience, acumen and track record of substantial involvement in almost all major energy project developments in Hawaii, coupled with our good working relationship with electric utilities and government regulators and policy members, has made Carlsmith Ball Hawaii's preeminent energy law firm. We work closely with our other practice groups-especially tax, labor, real property, environmental and administrative law sections-as well as our other offices to provide creative, innovative and highly effective solutions and approaches to complex energy development challenges.