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Indian Nations
Energy


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Godfrey & Kahn, a Wisconsin-based general practice firm of more than 190 lawyers, is a recognized regional leader in the field of energy law, representing a wide variety of clients on both state and federal energy law issues. We regularly represent clients before the Wisconsin Public Service Commission and the Federal Energy Regulatory Commission on regulatory rate cases and other matters. We assist clients on a wide variety of other energy matters, including negotiation of power purchase agreements, development of individualized energy tariffs, negotiation of energy facility purchase and sale agreements, energy development finance, development of energy-related legislative and regulatory reforms, certification and sale of green energy credits, and development of green energy generation projects (wind, biomass, forest waste, solar).

The State of Wisconsin recently hired Godfrey & Kahn to assist with the evaluation, selection and purchase of renewable energy to meet the mandate that renewable energy comprise at least 10% of the usage by State facilities. Our services included evaluation of proposals from potential energy providers in light of Public Service Commission requirements, relevant state policies and technical considerations.

The firm's Indian Nations Energy law practice reflects our tribal clients' "Seven Generations" environmental ethic based on respect for the natural world and responsible stewardship of water, air and other natural resources on behalf of future generations. Our tribal practice focuses on:

  • For-profit energy generation opportunities, including identification of potential sources of generation (wind, forest waste, landfill methane, etc.), market feasibility assessment, identification of financing sources, Indian Tribal Energy Development and Self-Determination Act issues, potential tax and other legal advantages, business entity structure (corporations, LLCs, joint ventures, etc.), facility construction and compliance;
  • Assistance in connection with Tribal Energy Resource Agreements under the Indian Tribal Energy and Self-Determination Act, permitting tribes, upon approval of the TERA, to enter into leases and other agreements without further approval by the Bureau of Indian Affairs or Department of Interior;
  • Maintaining tribal leadership in protecting the earth by helping tribes reduce tribal energy costs through adoption of "green" construction standards, energy audits and other tools used to reduce tribes' "carbon footprint;"
  • Establishment of a "Seven Generations" legal infrastructure, including enactment of an environmental code limiting green house gas emissions, establishment of green building codes and adoption of green procurement policies;
  • Establishment of forest "carbon sinks," conservancies and other devices that protect the environment and provide a potential economic return through regional, national or international carbon exchanges.
  • Intergovernmental affairs, including preparation of position papers, participation on state and regional energy boards and commissions, and negotiation with government officials to assure that the tribal perspective is taken into consideration in the establishment of standards to limit green house gas emissions.

Team members include Energy Law team leader Arthur Harrington, included in Best Lawyers of America for the last fifteen years, John Clancy, currently serving on Governor Jim Doyle's Global Warming Task Force, David Gilles, former General Counsel to the Public Service Commission of Wisconsin (2003-2007), the independent regulatory agency that oversees Wisconsin public utilities providing electric, gas, water and telecommunications services to citizens, Duncan Moss, a former professional environmental engineer with a Ph.D. degree in Geochemistry, and Steven Heinzen, who specializes in land use and regulatory matters.

We believe that our tribal clients have energy development opportunities not available to non-Indian developers outside Indian country.

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