REPRESENTATIVE EXPERIENCE
Molly K. Barker
CARBON AND CLIMATE
Assisted in advising on requirements associated with a Class VI injection well permit for carbon sequestration.
Provided guidance on carbon allowance and offset requirements for covered facilities under the Washington State Climate Commitment Act, and guidance on how the Clean Energy Transformation Act may impact operations of greenhouse gas-emitting power generation facilities.
For a liquefied natural gas plant in Louisiana, in response to a FERC Section 3 approval under the Natural Gas Act, assisted in responding to requests for rehearing on NEPA grounds focusing on environmental justice impacts and greenhouse gas emissions, and advised on the project’s PHMSA compliance, as well as FERC licensing implications associated with horizontal directional drilling within the subsurface of the project footprint by subsurface mineral owners.
For a liquefied natural gas plant in Texas in response to a FERC Section 3 approval under the Natural Gas Act, assisted in responding requests for rehearing and subsequent appeal to D.C. Circuit on NEPA grounds, focusing on air quality, greenhouse gas emissions, environmental justice, and endangered species.
STORAGE
Advised battery storage developer on compliance with local land-use zoning laws and the Energy Facility Siting Council (EFSC) process for siting a battery energy storage facility on forest land in Southern Oregon.
Perform federal, state, and local permitting and environmental due diligence for three separate battery energy storage facilities in Texas with a 300 MW, 200 MW, and 205 MW capacity, respectively.
Advised on permitting timeline for a solar project and battery energy storage system sited in Southwest Colorado.
Led environmental and permitting diligence for tax equity financing of a 35 MWac battery energy storge project in Imperial County, California.
SOLAR
Led environmental and permitting diligence on two 75 MW photovoltaic solar electric generating facilities in Florida.
Led environmental and permitting diligence for tax equity financing of a 42 MWac solar project in Imperial County, California.
Provide environmental and permitting due diligence to tax equity investor for a 204 MW photovoltaic solar electric generating facility in Uvalde, Texas.
Assist in the due diligence for debt financing on a portfolio of nine operational solar projects in Virginia.
Advised on federal environmental siting and permitting due diligence for the development of three separate solar farms in Oahu, Maui, and the big island of Hawai'i.
Advised client on EFSC certificates and appeals in Oregon for a solar development.
Conduct environmental due diligence for private equity financing of 18 solar developments spanning Iowa, Wisconsin, Maryland, and Colorado.
Assist in advising on and developing solar power purchase agreements and related associated leases and financing documents associated with relating to procuring power for both on- and off-site solar power transactions.
Serve as local counsel for construction lender for a 200 MW solar array development in Michigan.
Conduct environmental and permitting due diligence on an 80 MW solar and battery energy storage system project located in Montana.
Advised private equity fund on regulatory and permitting requirements under Clean Water Act for development of solar arrays on top of cranberry bogs in Massachusetts.
WIND
Conducted environmental and permitting due diligence for financing the repowering of an existing 89.5 MW wind turbine facility in Texas, and for financing the development of a new 1,029 MW wind turbine facility straddling Texas and Oklahoma.
Counsel wind energy developer on requirements for turbine development in Mississippi State.
Advise wind energy developer on bald eagle permitting issues and compliance with BGEPA and the ESA arising under the development of multiple wind farms in Ohio and assist in administrative permitting proceeding in front of state power siting board.
Advised on eagle and endangered species issues under SEPA for wind project in Illinois relating to a potential purchase of a wind project.
FUSION
Worked with fusion energy developer in Massachusetts to draft and refine formal comment letters to Nuclear Regulatory Commission shaping policy discourse on emerging fusion federal energy regulations and advocating for industry-aligned standards.
Counsel fusion energy developer on Washington state regulatory parameters on fusion.
RENEWABLE FUEL
Represented a public-private 501(c)(6) organization in the Pacific Northwest in respect of organization, governance, and compliance, in its efforts to submit a grant proposal for federal funding to the US Department of Energy for the development of a renewable hydrogen hub in the Pacific Northwest.
In preparation for an equity acquisition, advised client on environmental and permitting compliance of a 60 MW combined cycle electric generating facility during its conversion to biofuels, located on Hawaii Island.
Advised client on what sorts of renewable fuel uses are eligible to generate renewable identification numbers under the Federal Renewable Fuel Standard regulations.
RECYCLING
Advised client on contract requirements for imports and exports of lithium-ion batteries for recycling between the US and Canada.
Advise global car company on state-by-state regulatory requirements for recycling scrap metal from e-waste.
Represented a worldwide e-commerce and retail client concerning compliance and potential liability concerning expanded polystyrene (EPS) and single-use plastic laws and regulations enacted within the past several years. Representation included a thorough analysis of California state law and regulation, continuous issue-specific legislative and regulatory updates, and strategic advice concerning how to comply with each component of the client’s business model, retail, distribution, and supply chain, as well as guidance as to how to participate in the applicable state rulemaking processes.
Represented a nationwide grocery store chain concerning compliance with extended producer responsibility (EPR) laws in Colorado, including how to comply with producer requirements and the scope of compliance obligations for different sections of its supply chain, product distribution, and branding.
Advised Korean renewables and environment-focused client in connection with environmental and permitting diligence associated with commencing battery recycling operations at an existing facility in Georgia controlled by a Korean affiliate.
Assists in the environmental and regulatory permitting due diligence phase of corporate transactions for waste and recycling facility in California.
Advise client on regulatory compliance associated with the transboundary movement of black mass from Canada to the United States, or through the United States to third countries, for recycling.
NATURAL RESOURCES IMPACTING AGRIBUSINESS AND FOREST PRACTICES
Led environmental and water rights due diligence on an agribusiness client’s acquisition of 46 properties in eight states, with closing following 84 days from the letter of intent.
Advised agribusiness client on impacts to water rights from corporate restructure of agricultural portfolio.
Assist clients in negotiation with regulators on aquaculture permitting requirements under the Rivers and Harbors Act.
Assisted a cattle ranch operator in evaluating and securing water rights and resources.
Assist agribusinesses on policy initiatives surrounding endangered salmon population recovery efforts.
Assist multiple timber companies on endangered species conservation planning relating to the marbled murrelet species and other environmental matters related to its forested lands.
On behalf of forest practices client, engaged in the public comment process regarding Washington’s Fishway and Screening Proposed Rule and advocated for practical adjustments to mitigate operational implications and support industry compliance and environmental stewardship.
Assisted agribusiness client and upstream owners and international investors and fund feeders in securing water rights within Bureau of Reclamation jurisdiction pursuant to the Reclamation Reform Act associated with a real estate purchase transaction.
REGULATORY COMPLIANCE COUNSELING
Advised national timber company on maintaining TSCA compliance with its downstream customers as a result of new rules on emerging contaminants.
Advised semiconductor company on TSCA compliance protocol for imports and downstream uses of emerging contaminants, including PFAS, subject to Consent Orders and Pre-Manufacturing Notices, exemptions associated with research and design using such constituents, and compliance protocol for requesting determinations of equivalency for alternative control measures and any determination of confidential business information.
Counsel battery recycling client on TSCA compliance associated with liquidating assets subject to Pre-Manufacturing Notice Consent Orders.
Performed reverse environmental due diligence on a buyer of freeze-dried food companies.
Performed environmental compliance due diligence on acquisitions of a semiconductor business in California.
PROJECT AND INFRASTRUCTURE PERMITTING
Assisted client with evaluating appropriate CAA air permitting strategy for expanding generator capacity for datacenter campus located in Texas.
Evaluate NEPA triggers for multiple federal funding sources associated with a multiphased development of an urban park over a highway in Texas and develop strategy for compliance with NEPA.
Perform federal, state (including EFSC compliance), and local permitting and environmental diligence for three fuel cells to power datacenters in eastern Oregon.
Counseled electric power company regarding FERC licensing and permitting for a hydroelectric dam facility located in Washington.
Led the environmental and permitting diligence advisement to client public entity in its acquisition of a landfill gas-to-energy facility in Washington.
RESOLVING ENFORCEMENT
Worked with Swedish and local counsel in various countries in Southeast Asia and in Europe to advise client on the re-export permitting of US-originating lithium-primary batteries from Sweden to an alternative location for recycling in accordance with RCRA hazardous waste export rules and international law on transboundary movements of hazardous waste, and assist client in resolving an EPA RCRA enforcement action through a Consent Agreement and Final Order relating to same.
Work to resolve state regulator’s claims of noncompliance against client’s railyards in Montana relating to Clean Water Act stormwater permitting.
Counseled a fuel distributor on regulatory compliance issues surrounding the Spill Prevention, Control, and Countermeasures implementing regulations under the CWA and assisted in negotiating a Consent Decree and penalty payment on behalf of the distributor with the US EPA to resolve violations of those regulations.
Assisted client in resolving RCRA enforcement action through a Consent Agreement and Final Order of an aboveground tank facility in Kansas City, Missouri.
CONTAMINATED SITES
Assisted a foreign indirect parent of a now defunct operator that historically maintained a facility in California during a four-week federal trial that resulted in successfully defeating a US$100 million claim on personal jurisdiction grounds brought by a municipality.
Assist tire recycling company on how to ensure federal environmental statutory protection when leasing a Superfund site located in Washington State.
Assisting in a settlement process and associated insurance issues with government and quasi-government entities in cleanup of one sediment unit in Northwestern Washington.
Assist in developing and building out strategy for contribution and piercing corporate veil against other responsible parties at federal cleanup site in Washington State.
Assist in advising a quasi-governmental entity on ability to pay funding strategies for a riverfront Superfund cleanup in western Oregon.
Advised client on funding strategies and mediation with responsible parties for cleanup site impacted by groundwater contamination located in California, worked with state water regulators to come to a funding resolution for same.
Amassed and assessed one of the world’s largest metals and mining companies’ nearly 100 legacy cleanup sites to evaluate liability risk exposure under CERCLA.
Assist agricultural client with resolving breach of lease claims against prior lessee through arbitration relating to violations of the FIFRA; Pesticide Control Act, Hazardous Waste Management Act, and RCRA.
Assisted in mediating and obtaining a favorable settlement for a dry-cleaner in defense of a cost recovery claim made by a municipality after it condemned a portion of the dry cleaner’s property during a road-widening project wherein it encountered hazardous substances attributable to dry-cleaning operations. This involved successfully securing both indemnity insurance coverage to compensate the dry cleaner for the deduction in “just” compensation received from the municipality as a result of its condemnation of contaminated property, and successfully securing defense insurance coverage for completing the remedial investigation and feasibility study of the site even after the municipality's cost recovery action had been settled.
Successfully structured real estate lease of contaminated properties to mitigate the risks associated with the contamination and advised prospective buyers and lenders relating to the risks associated with the purchasing of, or lending on, contaminated properties for the development of projects.
On behalf of multiple landowners and real estate developers, assisted in successfully obtaining regulatory closure of petroleum and solvent sites throughout Washington and recovering remedial action costs from liable parties as a result of brownfield redevelopment projects.
Successfully pursued cost recovery against former dry-cleaning operator on behalf of developer.
Evaluated arranger liability for a tugboat vessel at the Portland Harbor Superfund Site.
On behalf of a subsidiary to a publicly traded utility company, assisted in the remedial investigation and evaluation of potential cost recovery strategies, and in insurance defense for a multimillion-dollar legacy manufactured gas plant site subject to an Agreed Order on Consent overseen by the US EPA.
Represented a Washington municipality in developing a funding and allocation strategy to remediate a landfill formerly owned and operated by the municipality that was subject to an Agreed Order overseen by the Washington State Department of Ecology.
Cost recovery lawsuit for remediation of cleanup from leaking heating oil pipes for mobile home development in Alaska.
