Facility Siting
Our attorneys regularly advise clients in all sectors of the economy on the environmental aspects of facility siting. We have specific expertise in the following sectors:
Electricity related facilities
Our attorneys have significant experience counseling clients on siting electric power generating facilities. Scrutiny of electrical generating facility siting has escalated with the recent national focus on availability of electric power supply. Notwithstanding the recent attention, the electric power industry remains one of the most heavily regulated industries in the United States. Complex federal and state regulatory schemes affect virtually every aspect of the electric power industry - including the siting of industry related facilities.
This area of law is particularly complicated. No one state or federal agency has authority to review comprehensively all of a power plant's potential environmental impacts and their legal implications. Similarly, no one agency is empowered to issue all of the necessary permits. As a result, understanding the various agency roles and having the ability to efficiently address all of the environmental issues raised in the siting process become critically important. Because of this fragmented process, those opposing electric power facilities usually have a number of opportunities in different forums to raise objections. Troutman Sanders has the requisite expertise and comprehensive experience to anticipate the potential obstacles and provide thorough legal guidance. Some of our specific experiences include:
- Performing due diligence and addressing regulatory issues associated with facility siting in various states including Virginia, Georgia, New York, and Connecticut, including Clean Air Act (CAA) and state air regulatory requirements associated with facility siting and construction;
- Representing independent power producers on environmental, land use and zoning issues for the siting and construction of co-generation facilities;
- Serving on a multi-disciplinary task force for the greenfield siting of a 1,000 Megawatt generating station in the mid-Atlantic region of the United States; and
- Representing citizens' groups in challenging issuance of state permits and the Federal Energy Regulatory Commission license for a new hydroelectric facility.
Transportation related facilities
Members of our firm have represented a rail carrier in proceedings under the National Environmental Policy Act (NEPA) in connection with a petition for approval to construct a new rail line in Louisiana and advised a rail carrier on the land use and environmental aspects of siting a chemical transloading facility in downtown Atlanta. This representation included obtaining a decision from a state administrative law judge, following a lengthy evidentiary hearing, upholding issuance of the facility's air quality permit, and successfully defending a challenge to the zoning designation for the facility property.
Pipeline related facilities
Troutman Sanders attorneys have assisted clients with pipeline siting and construction matters in the United States and overseas. Several firm attorneys served in senior positions within federal and state resource management agencies and, as a result, we offer particular expertise with regard to acquisition of use rights on federal and other public lands. Attorneys in our Real Estate and Utilities practice groups routinely assist clients with acquisition of rights of way and easements on private lands. Sample representations include:
- Managing the design and construction of 24" and 20" pipelines to consolidate and shutdown satellite processing facilities in Jay/LEC Field;
- Serving as counsel for a significant refinery EPC project for the construction of submarine pipelines in Singapore and a significant refinery EPC contract for the construction of petroleum tanks in Singapore; and
- Representing an interstate hazardous liquids pipeline before the U.S. Fish and Wildlife Service to secure a "no jeopardy" determination with regard to pipeline construction and operation in an area with numerous listed animal and plant species.
Telecom related facilities
Our attorneys have assisted in the acquisition and or leasing and permitting of hundreds of original and co-location towers for several major telecommunication companies in different states.
Airport facilities
We have assisted developers and air carriers in efforts to add and expand runways, including the NEPA and Clean Air Act issues associated with such projects. Sample representations include:
- Representing a commercial property developer before the Federal Aviation Administration (FAA) in the submission of and ultimate approval of a "FAA FORM C," which requires a NEPA-type analysis of projects at certain airports;
- Representing a major air carrier in monitoring the status of an Environmental Impact Statement (EIS) for a proposed runway at one the of nation's largest and busiest airports. Representation includes providing input to the city's aviation department on substantive matters arising under the EIS;
- Representing industrial developers at Miami International Airport and at JFK Airport on various aspects of transportation conformity under the Clean Air Act (CAA), including conducting conformity analysis with a consultant for development of new transportation developments at the Facility;
- Representing a major airline in evaluating conformity issues associated with Hartsfield Atlanta International airport expansion projects; and
- Representing Dallas/Fort Worth International Airport on conformity matters associated with airport projects.
Manufacturing and commercial related facilities
Our attorneys have obtained permits for virtually every type of solid waste facility, including transfer stations, recycling facilities, yard waste composting facilities, and major solid waste disposal facilities. We have obtained permits for numerous manufacturing facilities including scrap metal processors. In addition, we have advised clients on greenfield siting matters involving wood products and paper manufacturing facilities.
Residential or recreational facilities
Our attorneys have successfully assisted developers before the Virginia Marine Resources Commission in obtaining coastal primary sand dune permits and other permits for cottages built on a barrier island. Specific examples include:
- Representing environmental groups in successfully challenging coastal zone permits for resort development planned in pristine area on St. Croix, U.S. Virgin Islands; and
- Representing environmental groups in challenging wetlands permits issued for construction of golf course adjacent to the Crystal River and Sleeping Bear Dunes National Park, Seashore, Michigan.
Other facilities
Members of the firm's Environmental and Natural Resources Practice Group have assisted a county with issues related to the siting of a regional reservoir, counseled clients regarding the siting of a construction and demolition facility, advised clients on landfills and surface mines in sensitive mountainous areas, non-coal surface mines, the siting of aggregate production facilities and granite quarries. Specific representations include:
- Representing a regional coalition of cities and counties in Northeastern Georgia in the development and § 404 permitting of a regional reservoir for drinking water, including assisting with negotiating an inter-governmental agreement allocating responsibility among the six participating local governments.