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REPRESENTATIVE EXPERIENCE

Kenneth J. Gish, Jr

Advised owner of multi-state hydropower portfolio in the energy regulatory implications of the sale of portfolio including the review of key transaction documents and preparation of disclosure schedules.
Represent solar developer in development of utility scale projects in Kentucky including in matters before the Kentucky State Board on Electric Generation and Transmission Siting
Represented a local youth soccer club in successfully defending against an appeal of the land use authorizations necessary to install artificial turf fields.
Represented a Washington municipality in the relicensing of its 1050 megawatt hydroelectric generating facility including the development and review of key documents and studies supporting the relicensing application.
Represented a wind energy developer in obtaining and defending against appeals of land use permits authorizing a multi-phase wind energy facility in south-central Washington.
Represent hydropower licensee in Washington State in negotiations with USFWS and NMFS over requirement to install fish passage.
Represent Alaska municipality in sale of electric utility to neighboring electric association. This representation includes reviewing liability transfer provisions in the transaction documents and management of environmental permit transfers.
Represented manufacturing company in the negotiation of a wind virtual power purchase agreement in ERCOT.
Represent utility in application to transfer FERC licenses to purchaser of four hydropower projects in North Carolina and South Carolina.
Advised purchaser on environmental and energy regulatory issues associated with the acquisition of solar project in Florida.
Represented a major international airplane parts manufacturer in negotiations with the Washington State Department of Ecology (“Ecology”) regarding the scope of the feasibility study and performance of the final remediation action for a trichloroethylene contaminated groundwater site in Seattle under the Model Toxics Control Act (“MTCA”), Washington’s equivalent of CERCLA.
Represented an Australian-based investment bank in the $7.4 billion purchase of an investor-owned electric and natural gas utility in Western Washington including providing the client and its investors with advice regarding the likely treatment of the transaction by the Washington Utility and Transportation Commission.
Represented a Canadian electric utility corporation in the initial public offering transaction creating a new corporation for operation of its generation facilities in the United States and Canada.
Represented a former wood treatment company in negotiations under CERCLA with EPA and the Department of Justice over a remedial design/remedial action consent decree for a creosote contaminated soil, groundwater and sediment site in Idaho. This was the third consent decree in the country to include an independent remedial contractor as a signatory on the decree.
Represented a Seattle-based die casting company in negotiations under MTCA with Ecology and with other responsible parties regarding the appropriate scope of a remedial investigation and feasibility study for a multi-plume, trichloroethylene contaminated groundwater site in Seattle.
Represented a Montana hydropower operator in a suit in Montana Superior Court regarding the ownership of the streambeds upon which the operator’s hydropower projects were located.
Represent coal mine owner in matters relating to MSHA investigation of fatality during independent contractor's operations
Advised a national organic food manufacturing facility through the process of obtaining a modification to its NPDES permit allowing for the truck transportation of its wastewater to a treatment facility that could better handle its effluent.
Represented the owner of a 520 megawatt natural gas-fired electricity and steam generating power plant in Chehalis, Washington, in the sale of the facility to a Portland, Oregon based public utility.
Represented a local concrete manufacturer in negotiations with Ecology over the scope of remedial action to be performed at an arsenic contaminated site. Negotiations involved coordination with EPA due to site also being part of the Duwamish River Superfund site in Seattle.
Represented a railroad company in Clean Water Act citizen’s suit arising out of alleged violations of a facility's stormwater discharge permit.
Defended an Oregon municipality against a Clean Water Act citizen’s suit brought in the Federal District Court for the District of Oregon. The case settled on terms favorable to the City.
Represented an Oregon municipality in contested proceeding over an emergency water right. Proceeding resulted in a favorable settlement with conservation groups, an Indian tribe, individual citizens, the Oregon Water Resources Department, the Oregon Department of Fish and Wildlife and a neighboring water district.
Represented a national construction supplies distributor as plaintiff in a lawsuit in San Bernardino County, California, against a realtor and environmental consultant arising out of a failure to discover and disclose the existence of explosives on the client’s property. The case settled favorably.
Represented a multinational food and beverage company in the development of a spring water bottling facility in the Pacific Northwest.
Represented a Pennsylvania-based utility in the purchase of an investor owned electric and natural gas utility in Kentucky including the due diligence review of the utility's hydroelectric assets and other FERC-related matters.
Represented multi-national chemical and consumer goods company in the procurement of renewable energy through a wind virtual power purchase agreement in ERCOT.
Represent telecommunications company in the procurement of renewable energy through solar virtual power purchase agreements.
Represent appliance manufacturer in the negotiation of solar and wind virtual power purchase agreements in ERCOT.
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