Development & Implementation of Large-Scale Solar in Wisconsin
We assisted a Chicago-based energy development company with the development of large-scale (up to 100 MW or more in size) solar facilities in Wisconsin. We provided counsel on state regulatory compliance for the planned facilities, including preparation for and participation in the state's contested case Certificate of Public Convenience on Necessity process that provides for permitting of large-scale solar facilities and local permitting and approvals of projects below 100 MW in size.
- The first 100 MW-plus project received its Certificate of Public Convenience and Necessity (CPCN) in 2020.
- A 150 MW solar facility received its CPCN in June 2021.
- Approval for a 75 MW solar facility was granted in April 2021.
- A 74 MW solar facility received a conditional use permit in August 2020.
We continue to provide ongoing advice regarding implementation of these renewable energy projects.
Helping Return Value to Property
Our team represents owners and developers in brownfields redevelopment, including funding and financing, qualification of risk-based cleanup, cost allocation to responsible parties, and liability management through negotiated agreements with state and federal agencies. Our experience includes:
- City of Two Rivers – Our team represented Two Rivers in the complex acquisition of a ten-acre industrial property located on downtown river frontage. Closed in the early 2000s, the site was used for manufacturing wooden lab furniture for 100 years. Once the acquisition is complete, the city intends to transform this property for residential and commercial uses and turn a portion along the river into a public park. The transaction is part of the city’s comprehensive community revitalization and economic growth plan.
- Brillion Works – Our team represented the company in multiparty negotiations for acquisition, demolition, and redevelopment of a 140-acre parcel formerly used by a foundry. We also provided counsel on seeking protection from environmental liability for the site under state law, and acknowledgment that the site qualified for Green Tier status and federal Brownfield grant assistance. Redevelopment of the site will include light industrial, residential, and commercial properties, with plans for a daycare and health care services that are much needed in the small Wisconsin community.
Experienced in Environmental Defense
Our team has extensive knowledge in environmental litigation, including defense of federal, state, and local government-led matters under all environmental media, and enforcement and defense of private and third-party environmental contractual rights. Our experience includes:
- Superfund Liability – Our team represents a Milwaukee-based manufacturer of residential and commercial goods on significant Superfund liability claims for contribution in major superfund matters pending in Michigan, Washington, California, and New York. We also counsel on remediation at former manufacturing locations.
- Navistar – Our team represented the manufacturer in a complex investigation and response to vapor migration near a residential subdivision and in an assessment of publicly owned storm and sanitary sewer utilities associated with releases of chlorinated volatile organic compounds from a former Navistar facility in Waukesha, Wisconsin.
Our team brings cutting-edge knowledge of state and federal regulation of and development of legal standards for per- and polyfluoroalkyl substances (PFAS) to advance our clients’ interests in PFAS-related matters. Our experience includes:
- Municipal Interests – Our team represented a Wisconsin city in a cost recovery action against parties that used city-owned property for disposal of hazardous substances and emerging contaminants, including PFAS, in the 1960s and 1970s. We have recovered several million to date and continue to pursue another major responsible party for costs that may reach $25 million.
- Property Owner – Our team provided legal support related to investigating two properties where PFAS-containing aqueous film forming foam (AFFF) was deployed in periodic tests of Class B firefighting systems and firefighting equipment. We’ve counseled on strategic considerations regarding governmental agency notification, putting insurers on notice of a claim, interpreting as yet unadopted groundwater standards, and negotiating limits with government agencies.
- Business – Our team advised on an internal investigation into use of PFAS-containing AFFF in firefighting systems at more than a dozen facilities in five states across the central U.S.