Overview

Kevin J. Ashe is an attorney in Holland & Knight's Orange County office and a member of the firm's West Coast Land Use and Environmental Group. Mr. Ashe's practice focuses on energy regulatory, environmental and land use law, with a particular emphasis on the permitting, development and disposition of traditional and renewable energy projects.

Mr. Ashe counsels clients on issues arising under federal and California environmental law, including the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), Clean Water Act (CWA), Endangered Species Act (ESA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Coastal Zone Management Act (CZMA) and California Coastal Act. He has substantial experience performing environmental due diligence in connection with equity and asset purchases, mergers and financings involving energy, manufacturing and technology companies, as well as negotiating environmental transactional provisions. 

Mr. Ashe provides land use due diligence in connection with real property acquisitions and assists clients in securing local land use entitlements for residential, office and mixed-use projects throughout California. Mr. Ashe is one of the leading experts on the permitting of Accessory Dwelling Units (ADUs) under recently adopted California legislation and has represented numerous ADU applicants in Northern and Southern California.

Mr. Ashe also advises clients on energy regulatory issues involving the California Public Utilities Commission (CPUC) and Federal Energy Regulatory Commission (FERC). He has negotiated power purchase agreements, fuel supply agreements and transmission service agreements on a wide variety of traditional and renewable energy generation projects. He advises clients on a wide range of emerging energy and climate change issues at the state and federal level, including California's Low Carbon Fuel Standard program, behind-the-meter generation, greenhouse gas (GHG) reduction strategies and utility wildfire liability regimes.

In law school, Mr. Ashe interned with the CPUC's Administrative Law Judges Division and the California Attorney General's Office, Natural Resources Section.

Representative Experience

  • Represented lending institution with developing and implementing a financing program for behind-the-meter solar and battery storage projects at industrial and commercial properties, including compliance with California's Net Energy Metering (NEM) Program
  • Represented Massachusetts solar developer on issues arising under the Solar Massachusetts Renewable Target (SMART) Program and successfully obtained a limited waiver before Federal Energy Regulatory Commission (FERC) allowing such projects to participate a New England power capacity market Represented zero electric vehicle (ZEV) charging network for compliance with California's Low Carbon Fuel Standard (LCFS) Program and the generation of LCFS credits
  • Represented tribal entities in California and other states on energy matters, including negotiating power purchase and transmission agreements for tribally-owned or controlled energy projects, as well as counsel on establishing tribal utilities and the facilitation of tribal energy independence
  • Provided market and regulatory advice to equity investor clients in California electric utilities on issues arising before the California Public Utilities Commission (CPUC), including regular presentations to a leading major financial service firm on a wide variety of California energy topics such as wildfires, public safety power shutoffs, and decarbonization and microgrid policies
  • Counseled industrial facility on federal energy regulatory issues pertaining to on-site combined heat and power (CHP) generating equipment, including compliance with North American Electric Reliability Corporation (NERC) Reliability Standards

  • Represented a Japanese energy company regarding environmental liabilities in connection with the acquisition of a 125 megawatt (MW) natural gas-fired power plant in Michigan
  • Performed environmental and land use due diligence in connection with developer's equity interest acquisition in the landmark Treasure Island Redevelopment Project in San Francisco
  • Assisted a solar company in the negotiation of environmental provisions in the refinancing of a 150 MW solar facility located in California's Imperial Valley
  • Represented a developer of the 802-foot, $680 million high-rise tower in San Francisco, specifically with land use issues and purchase and sale negotiations for residential units within the project
  • Represented a California county on the preparation of environmental review under the California Environmental Quality Act (CEQA) related to a first-of-its kind zoning ordinance for streamlined oil and gas permitting
  • Counseled a large energy company on issues arising under the National Environmental Policy Act (NEPA), California Coastal Act and Coastal Zone Management Act (CZMA) in connection with the decommissioning of onshore natural gas infrastructure and offshore oil rigs

  • Represented developer of a large mixed-use project (consisting of 960 residential units and 40,000-square-foot office) in San Mateo, California, in securing local land use approvals, advising on the environmental review for the project under California Environmental Quality Act (CEQA) and negotiating a development agreement
  • Represented developer of a mixed-use project (including 530,000 square feet of office space and 540 residential units) in Redwood City, California, including advising on the environmental review for the project under CEQA
  • Represent company specializing in the installation of manufactured Accessory Dwelling Units (ADUs) in all aspects of local land use and permitting throughout California

Credentials

Education
  • University of California Hastings College of the Law, J.D., cum laude
  • Fairfield University, B.A., Political Science, Environmental Studies, cum laude
Bar Admissions/Licenses
  • California
Memberships
  • California Lawyers Association, Environmental Law Section, 2016-2019
  • The Bar Association of San Francisco, Environmental Law Section, 2016-2019
Honors & Awards
  • The Best Lawyers in America guide, San Francisco Environmental Law Ones to Watch, 2021, 2022
  • Holland & Knight Pro Bono All-Star, 2020
  • The Burton Awards Program, Finest Law Firm Writers, 2020

Publications

Speaking Engagements

News