Overview

Mark Kalpin is an energy, environmental and natural resource attorney in Holland & Knight's Boston and Washington, D.C., offices. He advises clients on the financing, development and operation of energy, infrastructure and natural resource development projects throughout the United States.

Mr. Kalpin is well-versed in the development and operation of offshore and onshore wind projects, solar generation projects, electric generation facilities, electric transmission facilities, liquefied natural gas (LNG) terminals, natural gas pipelines and subsea telecommunication cables. He has represented companies before the Federal Energy Regulatory Commission (FERC), U.S. Bureau of Ocean Energy Management (BOEM), U.S. Environmental Protection Agency (EPA), U.S. Army Corps of Engineers and the U.S. Department of Energy (DOE), as well as state public utility commissions, state environmental agencies, and electric regional transmission organizations (RTOs) and independent system operators (ISOs).

Mr. Kalpin has negotiated purchase agreements, engineering, procurement and construction (EPC) agreements, fuel supply agreements, and power purchase agreements for a wide variety of traditional and renewable energy generation projects. He also has assisted a number of renewable energy project proponents in obtaining and negotiating the terms of grants, loans and loan guarantees from the DOE.

Mr. Kalpin provides counsel on all aspects of energy, environmental and natural resource law. He has successfully represented clients in federal and state environmental enforcement actions, administrative appeals and permitting proceedings arising under the Clean Air Act, Clean Water Act, Endangered Species Act, National Environmental Policy Act, National Historic Preservation Act, Outer Continental Shelf Lands Act, Federal Power Act, Natural Gas Act and Jones Act.

In the 2014 U.S. News – Best Lawyers "Best Law Firms" rankings, clients recognized Mr. Kalpin for his "thorough work … on very complex environmental matters."

Mr. Kalpin served as a senior project manager with FERC's Office of Pipeline and Producer Regulation from 1986 to 1993.

Experience

  • Representing one of the largest developers of offshore wind projects in the world on regulatory, permitting and commercial issues related to the proposed development of commercial-scale offshore wind generation projects in the United States
  • Advising a financial services company on the purchase of electricity from renewable generation projects, and the proposed acquisition or construction of wind and solar generation projects
  • Representing regional and national entities on commercial and regulatory issues related to the development of community solar programs and consumer residential solar finance programs
  • Advising several solar project developers, commercial entities and municipalities in connection with the financing and development of more than 100 MW of solar photovoltaic (PV) generation projects in New England and throughout the United States
  • Advised a regional solar project developer in a $75 million equipment (sale and leaseback) financing for the development and operation of solar PV generation projects
  • Represented Cape Wind Associates LLC on environmental permitting and policy issues associated with the development of the nation's first proposed offshore wind energy generation facility

  • Advised American Renewables on engineering, procurement and construction (EPC) and equipment procurement contracting for a 100 MW biomass to power project  
  • Represented Range Fuels on equipment procurement and construction contracting for a commercial-scale cellulosic ethanol production facility
  • Advised KiOR Inc. in connection with the negotiation of fuel off-take agreements for an operational "green fuel" production plant
  • Represented Cool Planet Energy Systems on regulatory, equipment procurement and fuel sale issues in connection with the construction and operation of a pilot facility for the production of renewable fuel

  • Represented the Puerto Rico Electric Power Authority (PREPA), the Government Development Bank for Puerto Rico and the Office of the Governor of Puerto Rico on regulatory issues in connection with the development of the proposed Via Verde Natural Gas Pipeline Project, the proposed conversion of PREPA's electric generation plants from oil-based fuels to natural gas, as well as the proposed importation of LNG to the island, including on issues arising under the Clean Air Act, Clean Water Act, Endangered Species Act, National Environmental Policy Act, National Historic Preservation Act, Natural Gas Act and the Jones Act  
  • Represented ENGIE Gas and LNG LLC on commercial and regulatory issues related to a long-term natural gas sales agreement with a 1600-MW electric generation plant located in metropolitan Boston, and a long-term agreement for the supply of LNG from Atlantic LNG
  • Advised Weaver's Cove Energy LLC on environmental permitting and policy issues associated with the development of an onshore LNG marine import terminal
  • Advised Neptune LNG LLC in the negotiation of a contractual framework agreement governing the design, construction and operation of a deepwater LNG marine import terminal, as well as on the environmental permitting for that facility
  • Advised a natural gas well services company in connection with a congressional inquiry into hydraulic fracturing
  • Represented a German bank in connection with the refinancing of a $600 million loan facility for a semi-submersible deep water drilling rig

  • Advising a financial services company in an action brought by FERC in U.S. District Court, seeking to enforce a $435 million penalty for alleged violations of the Federal Power Act
  • Represented an amicus group of demand service providers and users before the U.S. Supreme Court in the EPSA v. FERC Order 745 proceeding
  • Advised a renewable fuels trade organization in regulatory filings and litigation involving the EPA's Renewable Fuel Standard rulemakings
  • Representing a financial services company on regulatory matters arising before the FERC, various regional electric independent system operators, and state public utility commissions
  • Represented A123 Systems on regulatory issues arising at the FERC and several regional electric Independent System Operators related to the compensation of "fast response" energy storage in the wholesale ancillary services markets  
  • Represented Inima USA Corp. in connection with securing regulatory approval for the construction of a wholesale water desalination plant in Massachusetts

  • Advised 1366 Technologies Inc. in the negotiation of a $150 million loan guarantee issued by the DOE
  • Represented A123 Systems in the negotiation of grant funding and a loan guarantee from the DOE, and on other federal energy regulatory issues before the FERC and regional electric independent system operators related to A123's energy storage business
  • Advised a financial services company in a variety of financing transactions related to the purchase of renewable energy certificates from generation projects, including establishing several "funds" to facilitate those purchases
  • Advised a renewable generation project owner on agency inquiries and litigation regarding the U.S. Department of the Treasury Section 1603 Program
  • Advised a renewable energy company with respect to a congressional inquiry into the DOE Loan Guarantee Program

Credentials

Education
  • The George Washington University Law School, J.D., with high honors
  • West Virginia University, M.S., Wildlife Management
  • University of Massachusetts Amherst, B.S., Wildlife and Fisheries Biology
Bar Admissions/Licenses
  • District of Columbia
  • Massachusetts
Court Admissions
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Supreme Court
Memberships
  • Energy Bar Association, Board of Directors, 2019; Member, 2000-2019
  • Massachusetts Energy Facilities Siting Board, 2015-2019
  • The New England Council, Board of Directors, 2015-2019; Energy and Environment Committee, Chairman, 2000-2019
  • Energy Bar Association, Member, 2000-2019
  • Charitable Foundation of the Energy Bar Association, Director, 2014-2019; President, 2017/2018
  • Northeast Energy and Commerce Association (NECA), President Emeritus
  • American Bar Association, Energy Infrastructure, Siting, and Reliability Committee, Former Chairman
Honors & Awards
  • The Legal 500 USA, Energy­­­ – Regulatory, 2016; Government Relations, 2019
  • Boston Magazine, New England Super Lawyer in Environmental/Land Use and Energy/Natural Resource Laws, 2004-2017
  • Massachusetts Super Lawyers magazine, 2004-2010, 2012-2019
Spoken Languages
  • English

Publications

Speaking Engagements

News