Hydroelectric Projects

Hydroelectric projects of all sizes involve a host of regulatory and legal issues.  Lovinger Kaufmann LLP has more than 15 years experience in all facets of hydropower regulation and is experienced at crafting solutions for the full range of legal challenges facing hydroelectric projects.  Whether an obstacle arises from state regulation, FERC requirements, local government, environmental permits, water rights, or real property matters, Lovinger Kaufmann LLP can offer seasoned advice.

Representative Work

  • Obtained favorable decommissioning order from FERC for the Condit Hydroelectric Project, one of the largest privately owned dams ever decommissioned in the United States.
  • Obtained favorable Clean Water Act Section 401 and Section 404 certifications and permits for rapid discharge of dam sediment as part of dam removal.
  • Advised on the benefits and/or necessity of obtaining Federal Power Act license for new and pre-existing unlicensed projects.
  • Negotiated and drafted agreements with reservoir users to permit use while protecting the interests of the utility and the quality of the reservoir.
  • Negotiated and drafted operation and maintenance agreements for shared dams.
  • Negotiated and drafted settlements with reservoir users affected by reservoir operations.
  • Negotiated and drafted agreements to fund habitat restoration and enhancement projects.
  • Defended challenges to ownership shares in hydroelectric projects.
  • Successfully litigated question of federal jurisdiction of hydroelectric reservoir.

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