Martin T. Booher

Martin T. Booher

Marty Booher is a partner in the firm's Environmental, Health and Safety ("EHS") and Climate Change Practice Groups and 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. Dedicated areas of Mr. Booher's experience include matters related to the Clean Air Act, climate change and renewable energy. 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

· Prevention of Significant Deterioration ("PSD")/Non Attainment New Source Review ("NSR"). Advising 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;

· Climate Change. Advising 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;

· Renewable Energy Project Development. Providing strategic advice to clients regarding issues related to the siting, licensing and development of a biomass-fired electric generating facility and a bio-diesel manufacturing facility on historically contaminated properties;

· Natural Gas Project Development. Advising clients regarding the siting, licensing, development and acquisition of liquefied natural gas ("LNG") 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 the National Environmental Policy Act and General Conformity obligations, development of preemption and public trust doctrine arguments and strategies, and administrative appeals related to the Coastal Zone Management Act;

· Mergers, Acquisitions and Divestures. Developing EHS due diligence strategies for stock and asset purchase transactions and leading teams in the implementation of these strategies, including some of the largest mergers and transactions in the energy industry within the past several years; Preparing and negotiating EHS provisions of purchase and sale agreements, including side agreements governing site post-closing allocation of environmental attributes and liabilities associated with the company or asset being transferred;

· Remediation and Natural Resource Damages. Representing 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;

· 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;

· PSD/NSR Enforcement. Representing manufacturing and energy clients cited for alleged PSD/NSR violations related to the construction and modification of facilities;

· Environmental Permitting. Developing multimedia and multi-agency permitting strategies and overseeing teams in the preparation of various permit applications and pollution control determinations for large-scale energy and manufacturing development projects, including the representation of clients in obtaining, amending, renewing and appealing environmental permits from state and federal agencies in New York, California, Vermont, New Jersey, Texas, Connecticut, Maine and North Carolina;

· SEC Disclosures. Advising electric utilities concerning the disclosure of climate change and EHS risks in filings with the Securities and Exchange Commission;

· EHS Audit Protocols and Management Systems. Assisting clients in the development, preparation, implementation, evaluation and integration of EHS management systems and audit programs;

· Brownfield Redevelopment. Advising clients on potential brownfield incentives and risk management strategies applicable to site redevelopment initiatives;

· Administrative Proceedings. Developing strategies in response to natural resource damage claims, environmental violations, state and federal enforcement actions and adverse findings on technical issues, consent orders and permit applications and representing clients in mediation, arbitration and administrative litigation proceedings;

· 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;

· Recycling and Waste Management. Preparing and negotiating environmental service agreements with multiple recycling and waste disposal vendors and assisting clients in the development of corporate-wide recycling initiatives; and

· Fatal Flaw Analyses. Identifying environmental licensing requirements applicable to proposed development projects such as LNG terminals and coal-unloading facilities and preparing environmental licensing feasibility analyses.

Selected Activities

· Member, Revision Advisory Committee, Connecticut State Implementation Plan

· Connecticut Business and Industries Association, Environmental Policies Council; Air & Waste Management Association