Marty Booher is a partner in the firm's Environmental, Health and Safety ("EHS") Department and practices within the Renewable and Clean Energy and Utilities, Power and Pipelines Industry sectors. He has significant experience representing and advising energy and manufacturing clients on a broad spectrum of complex compliance, transactional, remediation and project development matters throughout the United States and Latin America. Prior to joining Dewey & LeBoeuf, Mr. Booher worked for the Connecticut Department of Environmental Protection and in the corporate environmental, health and safety department of a global pharmaceutical company. Representative Matters ˇ Atlantic Wind Connection. Acting as project development counsel to Atlantic Grid in its proposal to develop the Atlantic Wind Connection, a proposed 350 mile subsea electric cable carrying 6,000 megawatts of power from future offshore wind turbines off the US East Coast, including providing strategic advice and support on all federal and state permitting/licensing efforts, including the right-of-way grant and other approvals to be issued by the Bureau of Ocean Energy Management, Regulation and Enforcement ("BOEMRE") and environmental review requirements under the National Environmental Policy Act ("NEPA"); ˇ Energy Sector Transactions and Financing. Develop and implement EHS due diligence strategies for merger, stock and asset purchase/sale and financing transactions involving some of the largest project finance, mergers and acquisitions in the energy industry within the past several years, including the negotiation of EHS provisions of purchase and sale agreements and side agreements governing post-closing allocation of environmental attributes and liabilities associated with the company or asset being transferred or financed; ˇ EPA Rulemaking Proceedings. Representing natural gas industry trade association in developing the association's comments and strategic legal response to the EPA's proposal to overhaul its regulations governing the presence of polychlorinated biphenyls (PCBs) in natural gas pipelines and related equipment. Represented wood furniture manufacturer in developing comments on the EPA's proposed air toxic standards for industrial boilers (known as the Boiler MACT), which lead to several changes to EPA's final regulations that were beneficial to the client; ˇ EHS Compliance and Business Counseling. Providing strategic compliance and business counseling to several manufacturing and energy clients in all EHS areas with a particular emphasis on federal and state programs under the Clean Air Act; ˇ Prevention of Significant Deterioration ("PSD")/Non Attainment New Source Review ("NSR"). Advise companies on NSR applicability issues for planned changes and expansion activities and in obtaining revised Clean Air Act permits, including the approvals required to incorporate the impacts of historic and unpermitted facility modifications; ˇ Renewable Fuels/Ethanol. Counseling clients in the renewable fuels sector, including compliance and participation in the federal renewable fuels program, the trading of renewable identification numbers, ongoing regulatory initiatives to revise the federal renewable fuels program and to increase ethanol blend restrictions, and ethanol/sugar cane opportunities in Brazil; ˇ Wind Turbine Manufacturers and Developers. Representing a leading supplier of wind turbines and several wind energy developers on various EHS issues, including the preparation of responses to calls issued by BOEMRE for offshore lease blocks, providing strategic counsel in resolving disputes with the U.S. Army Corps of Engineers and the Federal Aviation Administration, and working with state and federal resource agencies to address concerns related to potential environmental impacts associated with proposed projects; ˇ Climate Change. Advise clients on various issues related to climate change, including the generation of offsets and emission reduction credits, participation in the Carbon Disclosure Project, the development of strategic responses to shareholder proposals and institutional investors seeking enhanced climate change-related disclosures, the applicability and impact of domestic initiatives to regulate greenhouse gas emissions, and the identification and analysis of potential climate change risks and liabilities associated with assets and companies targeted for acquisition; ˇ Brazil Environmental Laws. Working with Brazilian legal counsel to advise manufacturing and energy clients in understanding the environmental liability regimes in Brazil and in developing effective risk management solutions to address potential liability issues; ˇ Renewable and Clean Energy Project Development and Financing on Brownfield Sites. Provided strategic advice to clients regarding issues related to the siting, licensing and financing of a biomass-fired electric generating facility and a bio-diesel manufacturing facility on historically contaminated properties, including the negotiation of liability protections/covenants with federal and state environmental regulators and implementation of other "outside the box" environmental risk management solutions; ˇ Remediation and Natural Resource Damages. Represent performing parties at Superfund sites in efforts to negotiate consent decrees/administrative settlements and resolve natural resource damage claims with state and federal regulators, resolve and negotiate private party settlements and implement investigation activities, interim actions and final remedies; ˇ SEC Disclosures. Advise electric utilities concerning the disclosure of climate change and EHS risks in filings with the Securities and Exchange Commission; ˇ EHS Audit Protocols and Management Systems. Assisting clients in the development, preparation, implementation, evaluation and integration of EHS management systems and audit programs; ˇ Natural Gas Project Development. Advised clients regarding the siting, licensing, development and acquisition of liquefied natural gas terminals in the United States under the Natural Gas Act and the Deepwater Port Act, and natural gas pipelines and storage facilities under the Natural Gas Act, including but not limited to, assistance with Clean Air Act, U.S. Coast Guard, U.S. Maritime Administration, Federal Energy Regulatory Commission and Coastal Zone Management Act licensing matters, compliance counseling related to NEPA and General Conformity obligations, development of preemption and public trust doctrine arguments and strategies, and administrative appeals related to the Coastal Zone Management Act; ˇ Trustees and Lenders. Advising trustees and lenders on the development of environmental management systems and policies to assist in screening potential business opportunities and provide guidance and advice on the potential environmental risks associated with customer activities including but not limited to 1031 reverse like-kind exchanges in the oil and gas industry; and ˇ Power Purchase and Tolling Agreements. Assisting clients in the analysis, preparation and negotiation of power purchase and tolling agreements between electricity generators and off-takers which allocate risks and liabilities associated with compliance with greenhouse gas and other environmental compliance obligations, including the allocation of responsibility for emission allowance costs and capital expenditures. Selected Activities ˇ Vice Chair, American Bar Association's Committee on Air Quality (part of the Section of Environment, Energy and Resources) ˇ Member, Revision Advisory Committee, Connecticut State Implementation Plan Industries Renewable and Clean Energy Utilities, Power and Pipelines |