Natural Resources and Energy Law

At BHBC, our goal is to simplify the process of resource development for our clients. We achieve this goal by leveraging BHBC’s extensive experience against the numerous issues that typically arise during the course of public and private projects. We aid our clients in funding, permitting and developing, and we protect our clients in dispute resolution when necessary.

Specialized skills are needed to maintain comprehensive natural resources and energy law practices, and Birch, Horton, Bittner and Cherot has that essential expertise in:

• Natural resources
• Land
• Land exchange
• Water
• Wildlife
• Environmental law
• Energy law

Our attorneys’ in-depth understanding and extensive experience in these specialized areas give us the capability to respond rapidly and effectively to our clients’ needs. BHBC can deploy sophisticated multi-disciplinary teams to address a panoply of legal issues drawing on the skills of our other practice groups, including commercial transactions, litigation and bankruptcy.

Natural Resources

Our large natural resources law practice covers the administrative, judicial and legislative arenas. BHBC specializes in representing private landowners, assisting them in negotiating and drafting unit agreements, transportation agreements, leases, pipeline easements, surface use permits, and seismic and other contracts, to ensure they benefit from the development of their natural resources without exposing themselves to undue risk. We have also represented certain natural resources industries in their efforts to acquire permits and government approvals in conjunction with mining developments. Thus, we are intimately familiar with myriad state and federal environmental regulations.

BHBC has worked with many federal and state land agencies, such as the Army Corps of Engineers, the Alaska Department of Natural Resources, the Alaska Department of Environmental Conservation, the Department of the Interior and the U.S. Forest Service. We advise clients on environmental review requirements and we craft strategic approaches to minimize litigation risks. We handle environmental permitting and statutory compliance issues, and when necessary, we appear in state and federal courts or before regulatory bodies to compel permit and project approvals and to defend approvals against legal challenges.

Throughout Alaska, we advise clients on issues involving environmental compliance, enforcement and litigation. BHBC has vast experience with federal and state laws pertaining to oil spill response prevention and pollution liability, having represented numerous interests in connection with claims arising from the 1989 Exxon Valdez oil spill and the 1987 Glacier Bay spill in Cook Inlet.

The firm also has unparalleled experience with the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), the Migratory Bird Treaty Act (MBTA), the Asian Elephant Conservation Act (AsECA), the National Forest Management Act (NFMA) and many other federal and state laws, regulations, treaties, rules and procedures.

BHBC is the legal firm of choice for national park concessionaires, oil and gas refining and transmission companies, electric utilities, guides and outfitters, recreational interests, entertainment corporations, mining corporations, landowners, sportsmen and aquaria in a variety of wildlife matters. Our accomplished attorneys are an established presence on Capitol Hill, representing clients before the Senate Committee on Appropriations, the Senate Committee on Energy and Natural Resources, the House Committee on Appropriations, the House Committee on Natural Resources, and more.

Energy Law

Birch Horton Bittner & Cherot energy law practice is led by veteran attorneys who have in-depth knowledge about this specialized field. They also have broad experience in related environmental, legislative, natural resource and utility law and financing fields that makes representation more efficient and effective. 
BHBC’s energy clients include entities engaged in oil, gas, mining, pipeline transportation and utility service businesses. Subject areas include:

• Representation of both public and private entities pursuing natural gas pipeline projects, including obtaining and exercising rights-of-way, permits and commercial agreements.
• Representation of oil, gas and mining interests in obtaining state and federal permits and analyzing impacts of federal and state regulation.
• Representation of private entities in negotiating and maintaining relationships with various federal and state government agencies.
• Representation of landowners and Native regional corporations with respect to oil and gas leases, exploration agreements, transfers and property matters. 
• Representation of oil and gas pipeline companies in obtaining regulatory approvals for acquisitions of pipeline interests, and in negotiating and drafting pipeline connection and operating agreements and easements.
• Representation of electric utilities in financing generation projects, including renewable energy.

In its longstanding regulatory practice, BHBC represents electric and gas utilities and pipeline carriers before state public utilities commissions in certification, rate, rate design and tariff proceedings, as well as energy policy rulemakings. We handle complex appeals of state utility and pipeline rate decisions, and provide assistance on related business issues such as acquisitions and other corporate and transactional matters. We also represent clients before the Federal Energy Regulatory Commission on hydroelectric licensing and other issues.

Our energy practice includes representation of renewable energy companies that use resources as diverse as wind, hydro, geothermal and biomass. We advise on state and federal regulatory rules, negotiate power purchase and other interconnection agreements, assist in environmental and natural resource permitting, and handle other business issues.

As an added dimension, BHBC furthers energy clients’ interests through its legislative practice. A number of BHBC attorneys have worked in senior capacities on the Hill and at administrative agencies where legislative strategies can be key to project success. BHBC accomplishes client goals through legislative solutions, not only through the passage of legislation, but also through legislative oversight of administrative agency proceedings.

Attorneys

• Kathryn A. Black
• Douglas S. Fuller
• Tina M. Grovier
• William P. Horn
• Cortney Kitchen
• Thomas F. Klinkner
• David E. Lampp
• Elisabeth H. Ross
• Holly C. Wells