Mark Kalpin is a partner in the firm's Regulatory and Government Affairs Department, and a member of the Environmental, Public Policy and Strategy, Defense, National Security and Government Contracts, Government and Regulatory Litigation and Real Estate Practice Groups. Mr. Kalpin is the co-chair of the firm’s Cleantech and Energy Group. He joined the firm in 1995.
Practice
Mr. Kalpin regularly advises clients on all aspects of energy law, and focuses on the development of traditional and renewable energy generation projects. He has assisted renewable energy project proponents in obtaining and negotiating the terms of grants, loans and loan guarantees from the Department of Energy and other agencies, and frequently represents clients on policy and regulatory issues before the Federal Energy Regulatory Commission, the Department of Energy, state Public Utility Commissions, and other Federal and state agencies. Mr. Kalpin has negotiated equipment purchase agreements, EPC and facility construction contracts, fuel supply agreements, and power sales agreements for projects ranging in size from large merchant power plants to small-scale wind and solar power projects.
Mr. Kalpin also counsels real estate development, manufacturing and energy industry clients on project development activities, environmental permitting and compliance requirements and the defense of environmental enforcement actions. He has extensive experience in environmental requirements applicable to real estate development activities, industrial facility operations and the remediation and reuse of "brownfields" properties. Mr. Kalpin has successfully represented clients in federal and state environmental enforcement actions, administrative appeals and permitting proceedings arising under federal and state environmental statutes, and also advises companies on emerging international environmental regulatory programs.
Recent Highlights
Energy
- Representation of the Puerto Rico Electric Power Authority on the proposed conversion of its electric generation plants from oil-based fuels to natural gas
- Represented a regional solar project developer in a $75 million equipment (sale-leaseback) financing for the development and operation of solar (PV) generation projects
- Representation of 1366 Technologies in the negotiation of a $150 million loan guarantee issued by the US Department of Energy
- Represented a German bank in connection with the refinancing of a $600 million loan facility for a semi-submersible deep water drilling rig
- Representation of A123 Systems in the negotiation of grant funding and a loan award from the US Department of Energy, and on other energy regulatory issues related to A123’s energy storage business
- Representation of solar project developers, commercial entities, and municipalities in connection with the development of over 35 MW of solar (PV) generation projects in Massachusetts
- Representation of KiOR, Inc. in connection with the negotiation of fuel off-take agreements for a proposed commercial “green fuel” production plant
- Representation of a natural gas well services company in connection with a Congressional inquiry into hydraulic fracturing
- Representation of Range Fuels in connection with equipment procurement and construction contracting for a commercial-scale cellulosic ethanol production facility
- Representation of American Renewables in connection with equipment procurement and construction contracting for a 100 MW biomass power project
- Representation of Khosla Ventures in the negotiation of an operating and management agreement for a proposed synthetic fuel production plant
- Representation of SUEZ LNG NA, LLC in the negotiation, litigation and renegotiation of a 20-year natural gas supply agreement with a 1600-MW electric generation plant located in metropolitan Boston
- Representation of Neptune LNG, LLC in the negotiation of a contractual framework agreement governing the design, construction and operation of a deepwater LNG Marine Import Terminal
- Representation of national commercial retailers, national financial companies, and municipalities in connection with the purchase of electricity and natural gas from competitive suppliers on a single facility and regional basis, and in the direct purchase of energy supplies from regional wholesale electric markets
- Representation of manufacturers and real estate developers in connection with the construction and operation of on-site cogeneration plants
- Representation of INIMA USA in connection with securing regulatory approval for the construction of a wholesale water desalination plant in Massachusetts
Environmental
- Representation of the Puerto Rico Electric Power Authority, the Puerto Rico Government Development Bank, and the Government of Puerto Rico in connection with the development of the proposed Via Verde Natural Gas Pipeline Project
- Representation of National Grid USA in the investigation and remediation of former manufactured gas plant facilities and other contaminated properties
- Representation of Lowe's Companies, Inc. on the development of contaminated "brownfields" properties throughout the Northeast
- Representation of Cape Wind Associates, LLC on environmental permitting and policy issues associated with the development of the nation’s first proposed offshore wind energy generation facility
- Representation of Weaver's Cove Energy, LLC on environmental permitting and policy issues associated with the development of an on-shore LNG Marine Import Terminal
- Defended a national manufacturer against allegations of non-compliance with federal and state requirements under the Clean Air Act
- Defended a national commercial "big box" developer against allegations of non-compliance with the stormwater permitting requirements of the Clean Water Act
- Advised several international manufacturers on emerging environmental regulations in the European Union (such as RoHS, WEEE and REACH), China and South Korea
Professional Activities
Mr. Kalpin is the President Emeritus of the Northeast Energy and Commerce Association (NECA), the Co-Chairman of The New England Council's Energy and Environment Committee, and a past Chairman of the American Bar Association's Energy Facilities and Siting Committee. He currently serves on several advisory task forces that have been convened by the Massachusetts Executive Office of Energy and Environmental Affairs, including the Large-Scale Retail Development Solar and Efficiency Measures Task Force, and the Greenhouse Gas Emissions Policy and Protocol Working Group. Mr. Kalpin is a member of the Energy Bar Association, the American Bar Association, the District of Columbia Bar Association and the Boston Bar Association. He was with the Federal Energy Regulatory Commission's Office of Pipeline and Product Regulation from 1986 to 1993.
Honors and Awards
Mr. Kalpin was named as a "New England Super Lawyer" (formerly "Massachusetts Super Lawyer") in environmental/land use and energy/natural resource laws in the 2004, 2005, 2006, 2007, 2008, 2010 and 2011 issues of Boston Magazine.
Speaking Engagements
- Marcellus Shale and the Environment: Update on Hydraulic Fracturing Issues – Northeast Energy and Commerce Association's 16th Annual Conference on Natural Gas and Fuel Issues – September 28, 2010
- Permitting Renewable Energy Projects: Navigating the Complex Landscape of Permitting and Siting in New England – Law Seminars International – September 21, 2009
- NEPA Case Law Update – Law Seminars International MEPA & NEPA Workshop – June 10, 2009
- Regulation of Energy Companies – New England Clean Energy Council Clean Energy Fellowship Program – May 28, 2009
- Addressing Renewable Energy Project Development Risk – Northeast Energy and Commerce Association Annual Renewable Energy Conference, March 5, 2009
- The American Recovery and Reinvestment Act of 2009: Navigating the Application Process – Asia America MultiTechnology Association Briefing Series, April 30, 2009
- Environmental Law Institute: “Climate Change in the Northeast: Update on Federal Developments and Implementing RGGI -- The Northeast Regional Greenhouse Gas Initiative: An Overview of Emerging Issues” – Panelist – January 2008
- American Bar Association Section of Environment, Energy, and Resources Fall Meeting: "Alternative Dispute Resolution Techniques for Environmental and Energy Practitioners" – Panelist – October 2006
- LNG Development in the Northeast: "The Legal and Practical Aspects of LNG Dealmaking Along the LNG Supply Chain" – Speaker – December 2005
- NECA Annual Conference on Natural Gas Issues: "The Energy and Policy Act of 2005 – An Overview of EPAct's Natural Gas and LNG Provisions" – Speaker – September 2005
- Northeast Energy and Commerce Association: "Successful Renewable Energy Project Development: From Concept to Kilowatt" – Conference Planning Co-Chairman and Moderator, Environmental Issues Panel – March 2004
- Power-Gen Renewable Energy Conference: Clearing the Air on Energy – Presentation on Environmental Issues Associated with the Development of Offshore Wind Energy Projects – March 2004
- The Massachusetts Nanotech Exchange Nine Zeros Breakfast Forum: "Nanotechnology and the Environment" – Speaker – October 2004
