Energy

The energy industry is moving away from a vertically integrated utility model to a network of independently owned generators and transmission providers, power marketers, community aggregators and distributed energy resources including microgrids.
 
At the same time, we are seeing greater focus and investment in renewable and sustainable energy. Wind and solar are mature technologies and entrepreneurs and investors are funding biogas, biofuel and other innovative production and delivery methods.
 
The advent of affordable energy storage and distributed storage projects will accelerate these trends, the efficiency of the grid and the use of renewable and sustainable technologies.
 
Energy consumers have more choices and are making sophisticated portfolio decisions. Although these changes have improved efficiency, reduced cost and enhanced choice, they have also resulted in new and complicated regulations, added transactional complexities and the greater need for experience in regulatory, environmental and energy disciplines.
 
Our Approach
Our Energy law team represents a wide variety of clients who are active in the industry as producers and consumers of energy. On the public agency side, we represent a large number of cities, counties, municipal utilities, school districts, special districts, joint power authorities, port authorities and community choice aggregators that are actively involved in producing or procuring energy to offset operating costs. On the private side, we work with landowners, developers, private utilities, investors and large industrial energy consumers to lease and develop energy infrastructure.
 
The breadth of interests we represent allow us to integrate regulatory, transactional and business counsel with strategic legal representation and advocacy, providing guidance on all aspects of energy law and seamless service across practices. Our multidisciplinary team includes energy, environmental, transactional and litigation attorneys. They have the insight, longstanding relationships with regulators and practical experience needed to help our clients leverage opportunities, surmount legal and regulatory challenges, arrive at innovative solutions and prepare for the future.
 
Comprehensive Service
Both innovative and pragmatic, BB&K Energy attorneys advise clients on conventional energy,  gas and renewable power projects, transactions, supply, production, transmission and facilities’ operation. Working closely with regulators, community leaders and key stakeholders, we help our clients achieve their objectives.
 
Our services include: 

  • Regulatory planning and advocacy
  • Federal and state regulatory, legislative and policy advocacy
  • Development of customer tariffs and internal governance
  • Permitting, siting, land use and environmental review
  • Land acquisition and real estate
  • Ground leasing for utility scale energy projects
  • Energy enterprise strategic planning and feasibility analysis
  • Energy enterprise formation
  • Negotiation of contracts, including energy services contracts, power-purchase agreements, interconnection agreements and all forms of project-related documents
  • Financing, public-private partnerships
  • Litigation in courts at all levels and alternative dispute resolution
  • Mergers and acquisitions 

 
BB&K attorneys have represented clients before all federal and state agencies associated with the energy sector. This includes the: 

  • Department of Energy
  • Federal Energy Regulatory Commission
  • California Energy Commission
  • California Independent System Operator
  • California Public Utilities Commission
  • California Air Resources Board
  • Local air quality management districts
  • State and regional water boards

 
We have also successfully represented clients in federal and state court under a host of environmental laws, including the Clean Air Act; the Comprehensive Environmental Response, Compensation, and Liability Act; the Clean Water Act; the National Environmental Policy Act; the California Environmental Quality Act and the Public Utilities Code.  
 
Further, BB&K lawyers are at the forefront of policy and regulatory issues associated with community choice aggregation programs, demand response, cap-and-trade, renewables portfolio standards, and new and emerging energy technologies.

Jason M. Ackerman

Jason M. Ackerman

Partner

(951) 826-8428

Areas of Focus: California Environmental Quality Act (CEQA) | California Public Utilities Commission | Endangered Species | Environmental Law & Natural Resources | Municipal Law | National Environmental Policy Act (NEPA)
Ryan Baron

Ryan Baron

Of Counsel

(949) 263-6568

Areas of Focus: Air Quality | Energy | Municipal | Renewable Energy | Special Districts | Water Quality

Benjamin Bodell

Associate

(925) 977-3337

Areas of Focus: California Public Utilities Commission | Energy | Environmental Law & Natural Resources | Renewable Energy | Transportation | Water
Warren B. Diven

Warren B. Diven

Partner

(619) 525-1337

Areas of Focus: Fees, Taxes & Assessments | General & Special Counsel | Municipal Law | Public Finance
Howard Golub

Howard Golub

Of Counsel

(925) 977-3323

Areas of Focus: Business | California Public Utilities Commission | Energy | Environmental Law & Natural Resources | Mergers & Acquisitions
Robert Hargreaves

Robert Hargreaves

Partner

(760) 837-1604

Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Municipal Law | Renewable Energy | Water
Kendall H. MacVey

Kendall H. MacVey

Partner

(951) 826-8226

Areas of Focus: California Public Utilities Commission | Eminent Domain | Municipal Law | Public Agency Litigation | Special Districts
Joshua Nelson

Joshua Nelson

Partner

(916) 551-2859

Areas of Focus: California Public Utilities Commission | Environmental Law & Natural Resources | Fees, Taxes & Assessments | Municipal Law | Special Districts | Telecommunications
Glen W. Price

Glen W. Price

Partner

(951) 826-8314

Areas of Focus: Business | Environmental Law & Natural Resources | Intellectual Property | Real Estate | Renewable Energy | Special Districts
BB&K Webinar Feb 19, 2019

Sexual Harassment Avoidance Training (Feb. 19, 2019)

BB&K Webinar

BB&K Webinar Jan 23, 2019

AB 1234 Ethics Training (Jan. 23, 2019)

BB&K Webinar

Event Jan 18, 2019

33rd Annual Land Use Law and Planning Conference

UCLA Extension Public Policy Program

BB&K Webinar Jan 16, 2019

Planning in the Coastal Zone

BB&K Free Webinar

BB&K Webinar Dec 13, 2018

Annual Labor & Employment Update

BB&K Free Webinar

BB&K Webinar Dec 11, 2018

Update Regarding Enforcement of Panhandling, Anti-Camping and Sidewalk Vending Regulations

BB&K Free Webinar

Event Dec 3-7, 2018

CALPELRA Annual Conference 2018

The California Public Employers Labor Relations Association

BB&K Webinar Nov 29, 2018

Emergency Procurement & Contracting Essentials: Being Prepared for Federal Disaster Funding

BB&K Free Webinar

BB&K In the News Nov 16, 2018

National Society of Black Engineers So. Cal. Chapter Support

The Los Angeles Sentinel Reports on Chapter’s Conference

Event Nov 15-16, 2018

California Coastal Law Conference

Continuing Legal Education International

[WEBINAR] Transportation Technology Infrastructure: A Smarter Future Requires Smarter Infrastructure
Videos Nov 15, 2018

[WEBINAR] Transportation Technology Infrastructure: A Smarter Future Requires Smarter Infrastructure

BB&K Webinar

BB&K Webinar Nov 15, 2018

Transportation Technology Infrastructure: A Smarter Future Requires Smarter Infrastructure

BB&K Free Webinar Series

[WEBINAR] The Cost of Doing Business: Best Practices for Public Works Projects - Part 1
Videos Nov 14, 2018

[WEBINAR] The Cost of Doing Business: Best Practices for Public Works Projects - Part 1

BB&K Two-Part Webinar

BB&K Webinar Nov 14, 2018

The Cost of Doing Business: Best Practices for Public Works Projects

BB&K Free Two-Part Webinar

BB&K Webinar Nov 13, 2018

Fiscal Emergencies, AB506 and Mediation

Avoiding Municipal Bankruptcy Series

Public Employers Covered by the ADEA of 1967
Legal Alerts Nov 12, 2018

Public Employers Covered by the ADEA of 1967

U.S. Supreme Court Holds that Number of Employees Doesn't Set Local Government Agencies Apart Under Anti-Discrimination Law

[WEBINAR] Mitigating Transportation Technology Risks: Privacy, Data and Cybersecurity
Videos Nov 8, 2018

[WEBINAR] Mitigating Transportation Technology Risks: Privacy, Data and Cybersecurity

BB&K Webinar

Russell Behrens, 1936-2018
Press Releases Nov 8, 2018

Russell Behrens, 1936-2018

BB&K Webinar Nov 8, 2018

Mitigating Transportation Technology Risks: Privacy, Data and Cybersecurity

BB&K Free Webinar Series

Safety Standards for E-Scooters
BB&K In the News Nov 6, 2018

Safety Standards for E-Scooters

The Northern California Record Interviewed BB&K Attorney Gregory Rodriguez on Legal Fallout from Scooters on City Streets

Law360: BB&K Adds Three Health Attys from Archer Norris
BB&K In the News Nov 5, 2018

Law360: BB&K Adds Three Health Attys from Archer Norris

The Legal Publication Interviews Colin Coffey, Noël Caughman and Alison Bassett

BB&K Proud to be Among the Best
Press Releases Nov 2, 2018

BB&K Proud to be Among the Best

U.S. News-Best Lawyers 2019 Rankings Released

BB&K Webinar Nov 1, 2018

Transportation Technology Partnerships: Contracting, Coordination and Data Sharing

BB&K Free Webinar Series

Event Nov 1, 2018

Overcoming Barriers and Obstacles to Facilitate 5G Deployment

Wolters Kluwer Legal & Regulatory U.S.

[WEBINAR] Transportation Technology Partnerships: Contracting, Coordination and Data Sharing
Videos Nov 1, 2018

[WEBINAR] Transportation Technology Partnerships: Contracting, Coordination and Data Sharing

BB&K Webinar

Best in Law: Talking Bots
Authored Articles & Publications Oct 30, 2018

Best in Law: Talking Bots

Partner Glen Price Writes About AI Communication Law for the Press-Enterprise

[WEBINAR] Emerging Transportation Technologies: Introduction to Legal and Policy Landscape
Videos Oct 25, 2018

[WEBINAR] Emerging Transportation Technologies: Introduction to Legal and Policy Landscape

BB&K Webinar

BB&K Webinar Oct 25, 2018

Emerging Transportation Technologies: Introduction to Legal and Policy Landscape

BB&K Free Webinar Series

BB&K Attorney Gary Schons Conducting Review of Police Use of Communication App
BB&K In the News Oct 25, 2018

BB&K Attorney Gary Schons Conducting Review of Police Use of Communication App

TigerText, Used in Long Beach, Automatically Deletes Messages

Being Smart About Smart Cities
BB&K In the News Oct 24, 2018

Being Smart About Smart Cities

BB&K Attorney Gregory Rodriguez Discusses Toronto’s Neighborhood of the Future with CityLab

[WEBINAR] ESI Primer for PRA Requests
Videos Oct 24, 2018

[WEBINAR] ESI Primer for PRA Requests

BB&K Webinar

BB&K Webinar Oct 24, 2018

ESI Primer for PRA Requests

BB&K Free Webinar

Lessons From History:  Protecting Artists and Art Owners from Losing Their Art
Authored Articles & Publications Oct 24, 2018

Lessons From History: Protecting Artists and Art Owners from Losing Their Art

BB&K Attorneys Cathy Ta and Alexander Brand Write in Riverside Lawyer Magazine

Health Care Districts Facing New Requirements Under AB 2019
Legal Alerts Oct 23, 2018

Health Care Districts Facing New Requirements Under AB 2019

Impacts to Information Sharing, Grant Policies and More

BB&K’s Health Care Practice Welcomes Three New Members
Press Releases Oct 22, 2018

BB&K’s Health Care Practice Welcomes Three New Members

Former Archer Norris Attorneys Join Firm

BB&K Receives CALAFCO Associate Member of the Year Award
Press Releases Oct 19, 2018

BB&K Receives CALAFCO Associate Member of the Year Award

Recognized for Contributions to the Agency and the LAFCOs it Serves

Event Oct 17-21, 2018

IMLA 2018 Annual Conference

International Municipal Lawyers Association

U.S. Supreme Court Declines Review of Inclusionary Zoning Case
Authored Articles & Publications Oct 16, 2018

U.S. Supreme Court Declines Review of Inclusionary Zoning Case

Partner Gregg Kettles Discusses West Hollywood’s Ordinance in the California Lawyers Association’s Real Property Journal

BB&K Webinar Oct 16, 2018

Out-of-Court Restructuring

Avoiding Municipal Bankruptcy Series

Best Best & Krieger Marks 25 Years in San Diego
Press Releases Oct 16, 2018

Best Best & Krieger Marks 25 Years in San Diego

Proud to Serve, and Grow With, Its Community

Public Agency, Officials’ & Employees’ Rules for Electioneering
Authored Articles & Publications Oct 12, 2018

Public Agency, Officials’ & Employees’ Rules for Electioneering

BB&K Attorneys Jim Priest and Sigrid Asmundson Discuss the Dos and Don’ts in PublicCEO

Public Bus Ad Gets a Free Ride
Legal Alerts Oct 10, 2018

Public Bus Ad Gets a Free Ride

County Cannot Prohibit Ad Content Solely Because it’s Disparaging or Potentially Disruptive, Ninth Circuit Holds

Certain Police Personnel Records No Longer Confidential
Legal Alerts Oct 9, 2018

Certain Police Personnel Records No Longer Confidential

New California Law Increases Access to Records Under PRA

AB 748: More Public Access to Body Camera Footage Under PRA
Legal Alerts Oct 8, 2018

AB 748: More Public Access to Body Camera Footage Under PRA

Amendment to California Law Gives Public Agencies More Responsibility to Provide Footage

Event Oct 8, 2018

IBA Annual Conference 2018

International Bar Association

BB&K’s Environmental Law & Natural Resources Practice Expands
Press Releases Oct 8, 2018

BB&K’s Environmental Law & Natural Resources Practice Expands

Firm Welcomes Four New Attorneys to Group

Statutory Authority to Adopt Fees Negates Any Potential State Mandate Funding
Legal Alerts Oct 4, 2018

Statutory Authority to Adopt Fees Negates Any Potential State Mandate Funding

California Appellate Court Finds There is No State Mandate When a Public Agency Has The Statutory Authority to Levy Fees

BB&K Partner Seth Merewitz Named a Top 100 Attorney
Press Releases Oct 4, 2018

BB&K Partner Seth Merewitz Named a Top 100 Attorney

Daily Journal Recognizes California’s Best

PublicCEO: California Clears Way for Sidewalk Vending
Authored Articles & Publications Oct 3, 2018

PublicCEO: California Clears Way for Sidewalk Vending

BB&K’s Marco Martinez and Albert Maldonado Write About SB 946

New Restrictions on Residential Water Service Discontinuation in California
Legal Alerts Oct 3, 2018

New Restrictions on Residential Water Service Discontinuation in California

SB 998 Will Require Written Policies, Detailed Notices and Alternative Payment Options

CalPERS Employers Dodge a Bullet
Legal Alerts Oct 2, 2018

CalPERS Employers Dodge a Bullet

SB 1124 Would Have Imposed Statutory Liability for Errors in CalPERS Reporting

Best in Law: No Off-the-Clock Work
Authored Articles & Publications Oct 2, 2018

Best in Law: No Off-the-Clock Work

BB&K Partner Joseph Ortiz Writes About the Starbucks Wage-and-Hour Class Action Decision in the Press-Enterprise and Other Newspapers

AB 2035: New Tax Increment Financing for Shelters and Affordable Housing
Legal Alerts Oct 2, 2018

AB 2035: New Tax Increment Financing for Shelters and Affordable Housing

California Lawmakers Continue to Address Housing Crisis

Groundwater Rights Jury Finds in Favor of Public Water Suppliers
Client Successes Oct 1, 2018

Groundwater Rights Jury Finds in Favor of Public Water Suppliers

BB&K Team Successfully Defends City in First-of-its-Kind Trial in California

BB&K Attorney Todd Leishman Testifies Before Congress on Sober Living Home Regulations
Press Releases Oct 1, 2018

BB&K Attorney Todd Leishman Testifies Before Congress on Sober Living Home Regulations

Expresses Need for Local Regulation of Recovery Businesses

Attorney Albert Maldonado Elected to Two Boards
Press Releases Sep 26, 2018

Attorney Albert Maldonado Elected to Two Boards

Municipal Law Attorney to Serve Educational Organizations

FCC Takes First of Two Actions: Could Cost Local Government Billions in Next Decade
Legal Alerts Sep 25, 2018

FCC Takes First of Two Actions: Could Cost Local Government Billions in Next Decade

Communities Coalition Forming Now

California Cooks Up Sidewalk Vendor Law
Legal Alerts Sep 24, 2018

California Cooks Up Sidewalk Vendor Law

SB946 Limits Cities’ Abilities to Regulate

Event Sep 24-27, 2018

CSDA 2018 Annual Conference

California Special Districts Association

Event Sep 21, 2018

So the Judge Says You Need to Fix Your EIR...

So the Judge Says You Need to Fix Your EIR...

BB&K Earns Advancement of Women Award from OCWLA
Press Releases Sep 21, 2018

BB&K Earns Advancement of Women Award from OCWLA

Proud to be Recipient of Inaugural Recognition

Public Entities Can Limit Public Comment Speaking Time at Meetings
Legal Alerts Sep 20, 2018

Public Entities Can Limit Public Comment Speaking Time at Meetings

California Appellate Court Finds Limit Did Not Violate Brown Act or First Amendment

Statutory Development Agreements Cannot be Passed by Initiative
Legal Alerts Sep 19, 2018

Statutory Development Agreements Cannot be Passed by Initiative

California Appellate Court Gives Cities Less Flexibility

BB&K Webinar Sep 18, 2018

Pension Costs and Financial Pressure

Avoiding Municipal Bankruptcy Series

BB&K Attorney Ryan Baron Serving on the California Lawyers Association Board of Representatives
Press Releases Sep 18, 2018

BB&K Attorney Ryan Baron Serving on the California Lawyers Association Board of Representatives

Appointed by the Public Law Section

BB&K Partner Ruben Duran Appointed to State Bar of California Board of Trustees
Press Releases Sep 17, 2018

BB&K Partner Ruben Duran Appointed to State Bar of California Board of Trustees

Public Law Attorney Joins Legal Industry Governing Body

Partner Charity Schiller a “Woman Worth Watching”
Press Releases Sep 17, 2018

Partner Charity Schiller a “Woman Worth Watching”

Profiles in Diversity Journal Recognizes Professionals for their Leadership

City Can’t Restrain Employee’s Critical Comments
Legal Alerts Sep 17, 2018

City Can’t Restrain Employee’s Critical Comments

Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private Citizen

Event Sep 15, 2018

Sexual Harassment Law After #MeToo

California Lawyers Association

Event Sep 12-14, 2018

LCC 2018 Annual Conference

League of California Cities

Code Enforcement Changes in California
Legal Alerts Sep 12, 2018

Code Enforcement Changes in California

Three Bills Signed, More Potentially on the Horizon

Proposed FCC Actions Will Limit Local Control and Cut Revenues
Legal Alerts Sep 12, 2018

Proposed FCC Actions Will Limit Local Control and Cut Revenues

Immediate Action Needed — Community Coalition Forming

California Powerhouse: Best Best & Krieger
Press Releases Sep 10, 2018

California Powerhouse: Best Best & Krieger

Law360 Selects Firm to 2018 List

Local Ordinances Cannot Permit Prosecution for Sleeping Outside on Public Property When No Shelter is Available
Legal Alerts Sep 7, 2018

Local Ordinances Cannot Permit Prosecution for Sleeping Outside on Public Property When No Shelter is Available

Ninth Circuit Holds Such Laws Violate the Eighth Amendment

Event Sep 6, 2018

Land-Secured Financing: Legislative and Legal Updates

California Debt and Investment Advisory Commission

Partner George Reyes Named a San Diego Influential Leader
Press Releases Sep 6, 2018

Partner George Reyes Named a San Diego Influential Leader

Annual List Recognizes Top Professionals in San Diego County

Best in Law: Possible Prop. 13 Changes Will Impact Businesses
Authored Articles & Publications Sep 5, 2018

Best in Law: Possible Prop. 13 Changes Will Impact Businesses

Partner Gregory Snarr Discusses Potential Ballot Measure

12 Orange County Cities Prevail in Federal Antitrust Lawsuits Over Ambulance Services
Legal Alerts Sep 4, 2018

12 Orange County Cities Prevail in Federal Antitrust Lawsuits Over Ambulance Services

Ninth Circuit Affirms Lower Court’s Dismissals

Public Agencies Do Not Have to Create Records for PRA Requesters
Legal Alerts Aug 30, 2018

Public Agencies Do Not Have to Create Records for PRA Requesters

California Appellate Court Reinforces Principle

BB&K Webinar Aug 30, 2018

Sexual Harassment Avoidance Training (Aug. 30, 2018)

BB&K Webinar

Court Upholds Approval of Superstore Zoning Ordinance
Legal Alerts Aug 27, 2018

Court Upholds Approval of Superstore Zoning Ordinance

California Appellate Court Supports the Broad Use of CEQA Addenda

Event Aug 27-29, 2018

2018 NATOA Annual Conference

National Association of Telecommunications Officers and Advisors

Transfer of Electric Utility Revenues to City’s General Fund is not a Tax Under Proposition 26
Legal Alerts Aug 27, 2018

Transfer of Electric Utility Revenues to City’s General Fund is not a Tax Under Proposition 26

Supreme Court Reverses Court of Appeal

Event Aug 25, 2018

State & Federal Laws Affecting Special Education

ACSA Academy

Event Aug 24, 2018

How to Build and Maintain the Public’s Trust: Practical Ethics and the Law

myLawCLE

The Public Square has Gone Online
Authored Articles & Publications Aug 23, 2018

The Public Square has Gone Online

BB&K Attorneys Christine Wood and HongDao Nguyen Write About Public Officials’ Social Media Use in PublicCEO

Increased Bid Limits for Agencies Subject to Uniform Public Construction Cost Accounting Act
Legal Alerts Aug 23, 2018

Increased Bid Limits for Agencies Subject to Uniform Public Construction Cost Accounting Act

UPCCA Update Takes Effect Jan. 1

Event Aug 23, 2018

Resiliency Planning

IMLA Webinar

John C. Cotti Video Bio
Videos Aug 21, 2018

John C. Cotti Video Bio

Partner

Best Lawyers in America Lists 27 BB&K Attorneys for 2019
Press Releases Aug 21, 2018

Best Lawyers in America Lists 27 BB&K Attorneys for 2019

Representing a Variety of Practice Areas

City of San Bernardino Retains BB&K
BB&K In the News Aug 21, 2018

City of San Bernardino Retains BB&K

California City News Reports

On-Call Settlement
BB&K In the News Aug 20, 2018

On-Call Settlement

Partner Roger Crawford Interviewed by the Northern California Record on Abercrombie & Fitch Case

Best in Law: Estate Planning Essential for Business Owners, Too
Authored Articles & Publications Aug 20, 2018

Best in Law: Estate Planning Essential for Business Owners, Too

Damian Northcutt Explains in the Riverside Press-Enterprise How an Estate Plan Can Provide for How a Business Will be Run After Death or Retirement

General Tax Measure with Related Advisory Measure on Same Ballot Does Not Turn It Into a Special Tax
Legal Alerts Aug 16, 2018

General Tax Measure with Related Advisory Measure on Same Ballot Does Not Turn It Into a Special Tax

Issue Related to Number of Votes Needed to Pass a General Versus Special Tax Under Proposition 218

70 Years of Pension Precedent Could Soon Be Weakened by the California Supreme Court
Authored Articles & Publications Aug 16, 2018

70 Years of Pension Precedent Could Soon Be Weakened by the California Supreme Court

Isabel Safie Provides Insight Into Lawsuits That May Have Significant Implications for Public Agencies Facing High Pension Costs in PublicCEO

[WEBINAR]
Videos Aug 15, 2018

[WEBINAR] "Walking the Line" - Public Agencies', Officials' and Employees' Roles in Local Elections

BB&K Webinar

BB&K Webinar Aug 15, 2018

"Walking the Line" - Public Agencies', Officials' and Employees' Roles in Local Elections

BB&K Free Webinar

Christi Hogin Video Bio
Videos Aug 14, 2018

Christi Hogin Video Bio

Of Counsel

Coming to Your Town Soon: Cannabis (Maybe)
Legal Alerts Aug 14, 2018

Coming to Your Town Soon: Cannabis (Maybe)

State’s Proposed Permanent Marijuana Regulations Limit Local Authority

Midsize Firms and Government Work
BB&K In the News Aug 14, 2018

Midsize Firms and Government Work

Managing Partner Eric Garner Interviewed on BB&K’s Success by ALM’s Mid-Market Report

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Connected Industries

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