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Admitted to Practice

  • California, 1989
  • Federal Courts 9th Circuit, 1989
  • U.S. District Court Northern District of California, 1989
  • U.S. District Court Central District of California, 1989
  • U.S. District Court Southern District of California, 1989

Kerry E. Shea

Kerry Shea practices in the fields of environmental permitting, counseling, compliance and litigation. She advises clients on project development, financing, environmental due diligence and permit issues, and also assists them in negotiations with governmental agencies. Kerry focuses on independent power producing facilities, including renewable energy facilities with geothermal, wind, biomass, landfill gas, and solar components. She also frequently handles the environmental aspects of telecommunications projects.

Kerry's clients include: Calpine, CalPeco, Clearwire, EIF Renewables, General Parts Inc., NextG Networks of California, Inc., and Shell Oil Company.

Representative Experience

Air quality regulatory compliance for national auto parts supplier

Advising a national auto parts and equipment supplier on compliance with VOC emissions regulations at the Air Resources Board. (Ongoing)

BLM rights negotiations for various wind and solar developer clients

Representing in obtaining and maintaining rights of way and other rights from BLM for wind and solar projects. (Ongoing)

California Environmental Quality Act (CEQA) counsel for the California Independent System Operator (CAISO)

Representing before the California Public Utilities Commission (CPUC), defending claims on CEQA issues in transmission line proceeding. (Ongoing)

CEQA counsel for Clearwire Corporation

Advising wireless company on CEQA compliance for site locations in multiple southern California cities. (Ongoing)

CEQA counsel for NextG Networks of California

Representing wireless telecommunications carrier in PUC proceedings relating to environmental assessment and approval for system in Huntington Beach, Calif. The work includes coordinating PUC staff and counsel, environmental consultants, city attorneys, public comment, and telecommunications counsel. (Ongoing)

Environmental due diligence in acquisition for Liberty Utilities (CalPeco Electric) and related entities

Handled environmental due diligence, permit issues and negotiation of consent decrees for acquisition of independent power producer's generation station, 12 substations and related transmission facilities in Lake Tahoe area of California. Managing ongoing post-closing environmental compliance and transfer issues. (Ongoing)

Mergers & acquisitions for Calpine Corporation

Represented in purchase of electricity generating plant in PG&E's power plant divestiture transactions in California and handled subsequent acquisitions, refinancings and sales. Also advising on ongoing environmental compliance. (Ongoing)

Proposition 65 litigation for various clients

Have represented national department stores, a national travel products company, an international watch manufacturer, a national tire manufacturer, a large manufacturer of wire and wire-mesh products, a travel accessory distributor, and an auto parts distributor in various Proposition 65 litigation involving private litigants. (Ongoing)

CEC RPS program counsel for various renewable project developers and lending institutions

Representing and advising on the Renewable Portfolio Standard (RPS) program of the California Energy Commission (CEC). Involves in-state, out-of-state and out-of-country projects and interfacing with the CEC to obtain and maintain certification in the RPS program. (Ongoing)

Clean Water Act/RCRA defense for NextG Networks of California, Inc. and a national provider of broadband services

Represented telecommunications companies in citizen suit litigation alleging violations of CWA and RCRA from chemically treated utility poles. (2010)

Air district hearings for Shell Oil Company

Represented Shell Oil's Los Angeles refinery in various hearings and an abatement order proceeding before the South Coast Air Quality Management District. (2009)

CEQA counsel for Clearwire Corporation

Defended wireless company and permitting agency in CEQA litigation arising out of tower site location. (2009)

Environmental due diligence and negotiation for Orion Power*

Handled environmental due diligence, permit issues and negotiation of consent decrees for acquisition of three natural gas-fired electricity generating plants in New York City. (2009)

Environmental due diligence in plant acquisition for Huy Fong Foods

Handled environmental due diligence, reviewed and revised environmental reports, and negotiated final agreements with agencies. (2009)

Environmental enforcement and compliance for petroleum terminal and storage facility

Represented a large oil refiner at its terminal in Martinez, Calif., before the Bay Area Air Quality Management District (BAAQMD). Negotiated settlement of alleged violations of permit conditions and BAAQMD regulations. Representation included obtaining written authorization to operate while resolution was pending. (2009)

CEQA counsel for Shell Wind*

Represented in CEQA process, ushering project through permitting process with county and interfacing with consultants and community. (2008)

Environmental claim for MCM Corp.*

Defended a large bridge construction company against claims by state attorney general and district attorneys alleging violations of portable equipment permitting rules and regulations. (2008)

Environmental compliance for biomass facilities*

Represented multiple biomass facilities in permitting and compliance issues with air districts, water boards and DTSC. (2008)

Project financing for EIF Renewables and related companies*

Handled environmental due diligence, permit issues and negotiation of environmental indemnifications for acquisition and financing of 12 landfill gas-to-energy projects in New York and Vermont. (2008)

CEQA litigation for Sacramento Municipal Utility District (SMUD)*

Represented in CEQA litigation filed by City of Folsom regarding the adequacy of environmental impact analysis relating to above-ground power lines. (2007)

CERCLA litigation for Louisiana Pacific Corp.*

Represented in private and EPA-led CERCLA litigation with neighboring property in Oroville, Calif., private CERCLA litigation on regional TCE plume in Chico, Calif., and divesture of California facilities. (2005)
* Denotes experience completed at a prior firm

Professional & Community Activities

  • Editorial Board, Environmental Liability, Enforcement and Penalties, 2000-2007
  • Biomass Power Association, 2009-Present
  • California Biomass Energy Alliance, 2009-Present
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