Energy

Represented a construction lender as Ohio counsel on a large scale solar energy facility in Brown County, Ohio.

Provided comprehensive legal counsel to the developers of six natural gas power plants in Ohio (Guernsey Power Station, Oregon Clean Energy Center, Lordstown Energy Center, Middletown Energy Center, Trumbull Energy Center, CEF-Oregon Energy Center), which included real estate due diligence, title and survey review, environmental permitting, regulatory work before the OPSB and other state agencies, and government relations. Collectively, these projects total approximately 5,860 MW of generation capacity and investment in the state of Ohio of more than $5 billion.

Our firm currently provides regulatory permitting, land acquisition and litigation support for Enbridge, Inc. and its family of companies with operations in Ohio, including as it relates to the $2 billion interstate natural gas pipeline project known as NEXUS. The complexity of the land acquisition, title curative and land access issues on these projects required sophisticated organization and detailed planning and structure. We obtained favorable decisions from 11 state courts allowing client access to property to conduct surveys. As the project moved toward construction, the firm assisted with all phases of land/easement acquisition, including the real estate due diligence, obtaining applicable state and local site approvals, permits and licenses (e.g., road crossing permits, driveway permits, building permits and environmental permits), negotiating easement agreements with public and private landowners, utility crossing agreements, railroad licensing agreements, road use maintenance agreements and water use agreements and drafting traditional real estate documents (e.g., option agreements, purchase and sale agreements and land leases). In addition, the firm assisted with the defense of two important environmental permits before the U.S. Court of Appeal for the Sixth Circuit and obtained injunctive relief in a federal court eminent domain proceeding allowing the client immediate access to the remaining properties for purposes of constructing their pipeline project.  

Serve as environmental counsel to the Ohio Manufacturers’ Association (OMA), providing assistance to trade association members on environmental law matters, as well as government relations initiatives. 

Represent the Northeast Ohio Public Energy Council (NOPEC), the country’s largest public retail energy aggregation, on regulatory, transactional and litigation matters in Ohio. Recent work includes a litigation matter initiated before the PUCO and now on appeal to the Ohio Supreme Court.

Using state-of-the-art technology built by the firm, as well as the experience of numerous attorneys, Bricker proved that a controversial ballot issue violated Ohio law, disqualifying the issue from voter consideration. The technology used to review ballots and analyzing petition signatures received a prestigious Relativity award. 

Assisted three entities in siting natural gas pipeline in Ohio.

Assisted four developers of combined cycle power plants in successfully siting generation facilities in Ohio totaling approximately 2400 MW. Assisted three wind farm developers in siting approximately 1600 MW of electric generation in Ohio.

Represented the Northeast Ohio Public Energy Council (NOPEC) in multi-year regulatory litigation opposing an energy company’s proposed affiliate power purchase agreement and subsequent distribution modernization rider in an electric security plan valued at over $1 billion.  Successfully appealed the PUCO’s approval of the distribution modernization rider to the Ohio Supreme Court, which order the rider immediately removed from the energy company’s electric security plan.

Negotiated affinity agreement and electricity procurement for an affinity group of commercial customers totaling up to approximately 800 MW.

Served as appellate counsel in an appeal from a federal district court order granting a natural gas pipeline company immediate access to property in order to construct the pipeline. This was a case of first impression for the Sixth Circuit, as it considered whether to adopt the Sage approach. The Sage decision is the seminal case that outlines the process for obtaining injunctive relief to begin construction of a FERC-approved pipeline while the underlying condemnation/valuation case proceeds.

Served as counsel for a recently consolidated school district for a $42 million K-12 OFCC (state) co-funded project on the campus of a state university, with the local share bonds sold to the USDA.