E2 Law Blog : Environmental Lawyers & Attorneys : Greenberg Traurig Law Firm : Climate Change, Energy Legislation

Reed D. Rubinstein is a shareholder in the Environmental Law Group in Greenberg Traurig's Washington, D.C., office. Reed focuses on environmental and administrative law, litigation, and corporate and real estate law.
Significant Representations

Environmental and Administrative Law

• U.S. Federal and State CWA (NPDES, fill, and storm water), CAA, CERCLA, FIFRA, RCRA, TSCA compliance, permitting, enforcement defense, and litigation. EU ROHS/WEE and REACH compliance.
• U.S. Federal and State Administrative Procedure Act proceedings and litigation.
• Development, implementation, and management of environmental, health, and safety programs for retail, manufacturing, and transportation businesses.
• Environmental and other insurance matters, including structuring pollution, cost-cap, and other risk transfer insurance, litigating environmental and mass tort coverage claims for both policy holders and insurers, and negotiating settlements, including domestic and London Market policy "buy-backs" to monetize historic environmental and tort risk.

Litigation

• In re: New Haven WPCA (CT DEP). Defended CAA/environmental justice challenge to regional incinerator permit.
• Town of Colebrook v. RRDD#1 et al., (D. Conn.) Plaintiff's counsel in Superfund landfill case.
• Miami-Dade County et al., v. EPA, (11th Cir.) Plaintiff's counsel in challenge to EPA final underground injection rule.
• Single Stick, Inc. v. Johanns, (D.D.C) Plaintiff's counsel in APA/Chevron challenge to Dept. of Agriculture rule interpretation and agency action.

Corporate and Real Estate

• Structuring, negotiating, and documenting Brownfield, distressed loan, and other real estate transactions and development projects, such as the $5.4 billion sale of Peter Cooper Village and Stuyvesant Town by MetLife, Inc., a 100 property franchise financing, a $24 million trustee's sale of a 33-acre federal Superfund site to "big box" retailers, and a $20 million publicly-funded redevelopment of a 14-acre urban factory site.
• Design and management of internal corporate investigations regarding alleged environmental malfeasance.

Practice Areas

• Environmental and Administrative
• Litigation
• Corporate and Real Estate

Professional Associations

• Member, American Bar Association, SEER Nanotechnology Project
• Member, National Brownfields Association Advisory Board
• Member, U.S. International Council for International Business Nanotechnology Working Group
• Member, Strafford Advisory Board, Environmental

Education

• J.D., University of Michigan Law School, 1985
• M.A., Political Science (Rackham School of Graduate Studies), University of Michigan, 1985
• A.B., University of Michigan, 1982

Bar Admissions

• Connecticut
• District of Columbia
• Michigan
• Virginia
• U.S. Court of Appeals, Eleventh Circuit
• U.S. Court of Appeals, Fourth Circuit
• U.S. Court of Appeals, Sixth Circuit
• U.S. District Court for the District of Columbia
• U.S. District Court for the District of Connecticut
• U.S. District Court for the District of Maryland
• U.S. District Court for the Eastern District of Michigan
• U.S. District Court for the Eastern District of Virginia
• U.S. District Court for the Southern District of Florida
• U.S. District Court for the Western District of Michigan

Robert Lamkin is a member of the Energy & Natural Resources Group. He represents energy trading firms, electric power generators, hydroelectric projects and other energy industry participants in a variety of matters, focusing on regulatory proceedings before the Federal Energy Regulatory Commission (FERC) and energy transactions. Rob has represented clients in a variety of federal and state regulatory matters, including matters arising under the Federal Power Act, the Public Utility Holding Company Act, the Public Utility Regulatory Policies Act and the Energy Policy Act of 2005. In addition, he has represented clients in a variety of transactional matters, including negotiation of energy trading documentation (ISDA, EEI, NAESB and WSPP master agreements), power purchase agreements and other energy and energy trading agreements.

Significant Representations

• Recently served as in-house counsel for the energy trading and marketing affiliate of one of the largest privately held financial institutions in the world, focusing on a variety of matters including:
• Negotiation of all domestic, European and United Kingdom energy trading documentation for electricity, natural gas, weather and derivatives products
• Overseeing FERC, energy market, regional transmission organization (RTO) and reliability compliance
• Negotiation of a $40 million letter of credit facility for energy trading entity
• Providing legal counsel on a variety of energy and counterparty credit risk matters
• Representation of a variety of energy companies and other industry participants regarding several regulatory and transactional matters, including:
• Merger and acquisition transactions, including obtaining approvals under the Federal Power Act
• Providing advice and representation to clients on various electric transmission issues, including FERC approvals of a merchant transmission project; the use of exempt wholesale generator's transmission facilities to transmit third party electricity; obtaining access to third party transmission facilities pursuant to Sections 210 - 212 of the Federal Power Act and various tariff and rate matters
• Market-based rate authorizations and compliance matters, including initial authorization requests and triennial market power updates and the development of internal compliance procedures for holding companies of public utility companies
• Hydroelectric project licensing and compliance matters under Part I of the Federal Power Act
• FERC compliance matters relating to ownership and sales of interests in electric generation facilities and associated transmission facilities
• Negotiation of master trading agreements, power purchase agreements, and energy, weather and commodities derivatives and renewable energy credits (RECs) trading documentation
• Representing an energy trading entity in REC trading and related regulatory issues in several geographic regions
• Representing an energy company in a FERC investigation relating to Qualifying Facility ownership interests
• Representing electric utilities, independent power project owners, natural gas pipeline companies, LNG projects and other entities in a variety of other FERC proceedings.
• Representation of a regional electric reliability council on a variety of matters, including compliance with the Energy Policy Act of 2005 provisions pursuant to which the FERC obtained jurisdiction over electric reliability matters
• Representation of an energy trading company in a federal court trial stemming from a dispute over the terms of a twenty-year power purchase agreement for the electric output of an 800 MW cogeneration facility

Practice Areas

• Energy regulation
• Energy transactions
• Energy litigation

Professional Associations

• Assistant Secretary and Counsel, Northeast Power Coordinating Council, 2002-2006

Education

• J.D., The Catholic University of America, Columbus School of Law, 1996
• B.A., Stanford University, 1989

Bar Admissions

• District of Columbia
• Maryland
• New York
• Pennsylvania

Al Malefatto has been practicing environmental, land use and administrative law in Florida since 1980. He represents Fortune 500 companies, developers, small businesses, and local governments in a variety of environmental permitting, enforcement and transactional matters, and in all manners of Florida land use proceedings. He leverages his in-depth knowledge and broad experience to keep clients up to date on regulatory trends before regulations are adopted and counsels clients when environmental issues arise. Al is intimately familiar with all aspects of environmental permitting and land development entitlements, and has handled a broad range of projects and activities, including condominium marina and mixed-use developments, brownfields redevelopment, land use and environmental approvals for utility plants, contaminated property remediation and the defense of enforcement actions by local, state and federal governmental agencies. He also guides clients involved in corporate and real estate transactions through necessary and important due diligence evaluations. He is a recognized leader in the field of environmental law with a Martindale-Hubbell AV® Peer Review Rating.

Significant Representations

• Successfully represented a major energy company in obtaining land use and environmental approvals for two electric generation facilities.
• Obtained numerous environmental and land use approvals for a luxury assisted-living facility constructed at a former landfill site.
• Oversaw environmental remediation and redevelopment of technology manufacturing facility to a mixed-use office and commercial park.
• Negotiated a development agreement for a two million square-foot regional shopping mall.
• Obtained land use approvals for a luxury condo development in Palm Beach Gardens, Florida
• Successfully defended amendments to the City of Riviera Beach's Comprehensive Plan necessary for major redevelopment of the city's waterfront.
• Assisted in obtaining environmental permits for construction of a vital roadway link in Central Florida.
• Negotiated favorable settlements with the Florida Department of Environmental Protection in enforcement actions involving wastewater treatment facilities.

Practice Areas

• Environmental law
• Land use and zoning law
• Administrative and governmental law

Professional Associations

• Member, Executive Council, Environmental and Land Use Law Section of The Florida Bar, 1985-1993; served as Section Chairman from 1991-1992
• President and Board Member, Friends of the Gale Academy of Environmental Science and Technology, Inc. (Forest Hill H.S., West Palm Beach)
• Board Member, Grassy Waters Preserve, West Palm Beach

Education

• J.D., University of Florida Levin College of Law, 1979
• B.A., New York University, 1975

Bar Admissions

• Florida
• U.S. Court of Appeals, Eleventh Circuit
• U.S. District Court for the Middle District of Florida
• U.S. District Court for the Northern District of Florida
• U.S. District Court for the Southern District of Florida

Greg Casas focuses his practice on energy and natural resources law, antitrust and complex business litigation. His has litigated power plant disputes, disputes arising out of oil and gas leases and joint operating agreements, product liability claims relating to oil field tools and supplies, and personal injury and death cases unique to the oil and gas industry. With regard to natural resources, Greg has experience in greenhouse gas emissions trading under the EU ETS and the Kyoto Protocol.

Significant Representations

• Defense of a "super-major" oil and gas company in a class action brought in Latin America by all purchasers of retail gasoline against several of the "super-major" oil companies. The case involves allegations that the oil companies are not providing gravity-adjusted pricing for gasoline sold in hot climates.
• Representation of emissions credits aggregators in the negotiations for the development of CDM and JI projects in the Middle East, China and Vietnam and the subsequent sale of the resulting credits.
• Representation of Caribbean oil and gas producer in arbitration before the ICC regarding the purchase of offshore leases.

Practice Areas

• Energy and natural resources
• Carbon credits
• Antitrust & trade regulation
• Class action defense
• Commercial
• International

Professional Associations

• Member, State Bar of Texas
• Member, District of Columbia Bar
• Member, American Bar Association, Antitrust Section

Education

• J.D., Duke University School of Law, 1993
• B.A., magna cum laude, English and Economics, Boston University, 1990

Bar Admissions

• District of Columbia
• Texas
• U.S. Court of Appeals, Fifth Circuit
• U.S. Court of Appeals, First Circuit
• U.S. Court of Appeals, Third Circuit
• U.S. District Court for the District of Columbia
• U.S. District Court for the Eastern District of Texas
• U.S. District Court for the Southern District of Texas
• U.S. District Court for the Western District of Texas
• U.S. Court of International Trade