The firm represents Snohomish County Public Utility District (Snohomish) in its relicensing of the 112 megawatt Jackson Project in Washington State—one of the first relicensings in the nation to use FERC’s ILP. The firm also serves as licensing, regulatory and environmental counsel in Snohomish’s efforts to develop new hydropower resources.
In the Jackson Project relicensing, the firm provided strategic and regulatory counsel throughout the process, and served as lead negotiator and drafter for a multi-party settlement agreement. The firm also served as lead negotiator for separate side agreements with the Tulalip Tribes of Washington, the City of Everett (a former co-licensee), the Washington Department of Fish and Wildlife, and the U.S. Forest Service to ensure those entities’ participation and support for the relicensing settlement. The firm also advised Snohomish in the state water quality certification proceedings under Section 401 of the Clean Water Act, state consistency determination proceedings under the Coastal Zone Management Act, and seven consultations with NMFS and USFWS under Section 7 of the Endangered Species Act.