Jane E. Luckhardt

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Energy, Environmental, Climate Change & Sustainability, Endangered Species

Admitted to Practice in:

California

Jane Luckhardt has been an instrumental player in California's energy industry for the past twenty years, working both with established utilities and energy providers, as well as companies on the forefront of renewable and sustainable energy technologies. Her practice focuses on energy, sustainability and climate change, and air quality. She represents both private and public sector clients in a broad range of matters including advocacy before administrative agencies, writ actions and transactions. 

Jane has served as lead counsel in numerous power plant licensing proceedings before the California Energy Commission for geothermal, natural gas, and solar thermal applications. Through these efforts she has represented clients in extensive wildlife corridor modeling processes to evaluate the cumulative impacts of multiple projects proposed in one area. She has managed interconnection studies and evaluations in the transition to the California Independent System Operator’s cluster system. She has addressed the aviation community when they have had concerns about the impacts to aircraft flying through thermal plumes. She has crafted solutions and appropriate mitigation strategies for impacts to vernal pools and jurisdictional wetlands. She has represented projects in appeals of power plant permits to the California Supreme Court. 

Jane has been actively participating in the development of energy related portions of the Climate Change Scoping Plan by the California Air Resources Board. She has likewise provided drafted client comments on the reporting regulations for the energy sector and the regulations to implement the Climate Change Scoping Plan. She has further provided comments on the development of the regional cap and trade system by the Western Climate Initiative. Finally, she was intimately involved in the development of the California Energy Commission regulations setting the emissions performance standard for publicly owned utilities. 

She has represented clients in permitting and compliance issues before air pollution control and air quality management districts as well as the California Air Resources Board. She has negotiated settlements with regulatory agencies in situations of minor and major violations of existing permit conditions. She has advised clients under situations where they have voluntarily reported violations and where the violations were first identified by the regulatory agency. 

Jane has also counseled clients on power purchase agreements, fuel supply agreements and offset purchases. She has supported numerous financing transactions with regulatory opinions and due diligence investigations.

Ms. Luckhardt is a graduate of Stanford Law School and has a degree in Construction Management from California Polytechnic State University at San Luis Obispo. She currently serves on the Executive Committee for Downey Brand.

EXPERIENCE

Energy Development and Operation

Orchestrated strategy and directed project development team to efficiently and successfully permit and license large power plants including application preparation, discovery and evidentiary hearings to the final decision.

Directed project development team to use design solutions, proactive resolution of environmental and community concerns and license large power project without the need to provide additional and expensive enhancements.

Provided legal support in negotiations and resolution of compliance concerns regarding United States Fish and Wildlife Service, California Department of Fish and Game, United States Army Corps and the California Energy Commission.

Negotiated fuel supply agreements and terms for power purchase agreements taking into account regulatory requirements.

Developed strategy for effectively responding to community concerns including health impacts and environmental justice.

Resolved interconnection disputes regarding fees, timing and application of legislation and regulatory decisions.

Represented irrigation districts in rate proceedings addressing ongoing market restructuring issues. Obtained significant reductions in charges placed on departing load customers.

Advised renewable power producer of options for successful project development in competitive and evolving electricity markets.

Advocated before the California Public Utilities Commission for favorable Standard Offer 4 Contract termination to allow existing independent power producer to sell to direct access customers and into the power exchange.

Developed testimony exposing the vulnerability of the San Francisco Peninsula to interruptions in electricity service without generation located in San Francisco.

Air Quality
Negotiated numerous permit conditions for stationary sources, including start-up time frames, overall emissions limits and detailed construction emission conditions.

Represented corporations facing notices of violations from administrative violations to large emissions permit violations. Advised clients with multimillion dollar fine assessments on appropriate strategy and exposure.

Successfully eliminated experimental technology from being deemed best available control technology with the Environmental Protection Agency, Region IX and the local air district.

Advised company on need and benefits of self-reporting of air quality violation, provided legal support for submission showing extent and time of violation, negotiated new procedures to improve future compliance and negotiated reasonable penalties.

Represented applicants for new air permits on rule and regulation requirements, off-set purchase and development options, advocated in hearings and advised applicants on draft permit conditions.

Successfully resolved questions regarding off-set requirements and related mitigation measures with air district at minimal cost and no additional requirements for the facility.

Developed systematic approaches to evaluating and responding to new regulations extending permitting and control requirements to new industries and processes.

Negotiated with air district to create reasonable best available control technology determinations. Created strategies for cost effective permitting, compliance and resolution of notices of violation. 

Endangered Species and Wetlands
Counseled and represented clients regarding endangered species issues and received biological opinions from the United States Fish and Wildlife Service and incidental take permits from the California Department of Fish and Game.

Advised clients on obtaining individual wetland fill permits under section 404 of the Clean Water Act for large industrial developments and linear facilities in the Sacramento Valley and along the coast of California. Orchestrated National Environmental Policy Act alternatives analysis to supplement California Environmental Quality Act equivalent document in support of army corps individual permit for 26-mile pipeline.

Negotiated environmental mitigation agreements including conservation easements, purchases of credits from mitigation banks, and purchases of property and provision of management funds for conservation entities to hold in perpetuity.

Developed and maintained excellent working relationships with United States Fish and Wildlife Service and California Department of Fish and Game.

Represented projects requiring California Environmental Quality Act and National Environmental Policy Act review.  Created strategies for defensible and defined project description, need/project purpose, alternatives and growth inducing impacts analyses.

Due Diligence/Acquisition Support

Successfully transferred numerous permits for multiple projects in large acquisition of facilities scattered across various locations. Negotiated with three different air districts and three different investor-owned utilities to transfer interconnection agreements and permits to operate on the day of closing the transaction.

Performed detailed due diligence of environmental and regulatory permits to support legal opinion that satisfied lenders and supported the timing of the acquisition. 

Advised acquiring entity of environmental and regulatory permit status and compliance. Reviewed existing permits, discussed compliance concerns and outstanding violations with regulating agencies. Created comprehensive summary of project compliance status.

Provided regulatory opinions to support financing construction of and refinancing of power plants.

Energy Project Experience

Beacon Solar Energy Project – 250 MW solar thermal power plant; Kern County

Represented NextEra Energy Resources on 2012 acre solar project located on prior agricultural land with large desert wash.  Crafted solutions for cultural resource impacts, biological resource impacts and visual impacts.  Overturned initial recommendation for funding a significant adverse visual impact.  Addressed concerns about loss of property tax increment from Kern County and impacts to 100 year floodplain from rerouting desert wash. 

Avenal Energy Project – 600 MW combined cycle power plant; City of Avenal

Advocated for and resolved issues relating to biological resources including impacts to wildlife corridors and foraging habitat.  Obtained favorable Endangered Species Act Biological Opinion and favorable California Energy Commission (CEC) decision. Set precedent for evaluation of greenhouse gas impacts of gas fired power plants in California.

Orange Grove Energy Project – 97 MW simple cycle gas fired power plant; San Diego County

Represented J-Power on simple cycle peaking facility to supply intermediate load support in San Diego County.  Supported solution to address fire protection in an area of the county outside of all existing fire districts.  Resolved Williamson Act and agricultural land use issues.  Successfully defended writ petition for review to the Supreme Court by well represented party with land holdings in the area. 

Carrizo Solar Energy Farm – 177 MW solar thermal power plant; San Luis Obispo County

Represented Ausra on 640 acre site in the Carrizo Plain as one of the first solar thermal project applications before the CEC since the Luz SEGS facilities permitted in the 1970s and 1980s.  Obtained key agreement on project level mitigation for biological resources impacts.  Resolved water use issues and impacts with CEC Staff.  Ausra sold this project after shifting corporate focus from project development to equipment supplier. 

Cosumnes Power Plant Project – 1000 MW combined cycle power plant (phase 1); Sacramento County

Advocated for and resolved issues relating to biological resources including obtaining Endangered Species Act Biological Opinion, California Endangered Species Act Incidental Take Permit, U.S. Army Corps Section 404 individual permit and favorable CEC decision.  Successfully advocated for finding of no significant impacts in the area of visual resources. Obtained favorable air quality permit conditions overcoming agency staff and public opposition.

Inland Empire Energy Center – 670 MW combined cycle power plant; Riverside County

Represented client in proactive power plant licensing application proceeding where upfront legal strategy and project planning reduced overall project costs including legal fees, consultant expenses, environmental study costs and mitigation purchases. Advised client on reducing the number of other agency permits and timeframes for acquisition of those permits.  Crafted air quality offset strategy satisfying regulatory requirements without an early outlay of project funds.  Led successful team effort to minimize project enhancements.

Los Esteros Critical Energy Facility - 180 MW simple cycle power plant; Santa Clara County

Advocated for favorable CEC decision under expedited four-month sitting process. Aided final resolution with nearby city to overcome opposition and reach a workable solution. Overturned initial decision to remove the project from the four-month process and received project license in July 2002.

Panda West Power Projects - 3 49 MW simple cycle power plants; Solano County

Represented projects before the Bay Area Air Quality Management District and United States Fish and Wildlife Service to obtain necessary project permits. Successfully advocated for use of District controlled credits for Permit to Construct. Obtained expedited Biological Opinion from the United States Fish and Wildlife Service.

Elk Hills Power Project - 530 MW combined cycle power plant; Kern County

Represented project in Application for Certification proceeding responding to data requests and advising on CEC procedures and requirements. Advocated for project at evidentiary hearings and motions.  Developed strategies for responding to experienced, professional intervention regarding Native American resources, hazardous materials, worker safety, onsite contamination, endangered species, and alternatives.

Moss Landing Power Plant Project - 1090 MW combined cycle power plant; Monterey County

Advised client on adequacy of Application of Certification before the CEC. Counseled client on numerous issues including wetlands, endangered species, once through cooling impacts, and proper engagement with CEC Staff and Commissioners.

Harbor Cogeneration Project - 70 MW combined cycle cogeneration project; Los Angeles County

Directed successful application for approval of Standard Offer 4 contract buy out by Southern California Edison before the California Public Utilities Commission.  Obtained concurrence of the Office of Ratepayer Advocates for the buyout.  Created effective strategies and obtained favorable decision over professional opposition.

San Francisco Energy Project - 240 MW combined cycle cogeneration project; San Francisco City and County

Provided legal support for highly contested Application for Certification before the CEC.  Developed strategies for responding to recognized environmental justice expert representing organized community opposition. Supported highly contested public hearings.

AES Placerita Cogeneration Project - 120 MW combined cycle cogeneration project; Los Angeles County

Successfully obtained an Application for Certification license from the CEC for an existing Small Power Plant Exemption facility. Provided legal support for rollover from a Small Power Plant Exemption to an Application for Certification, which was completed from start to finish in six months.

Crocket Cogeneration Project - 240 MW combined cycle cogeneration project; Contra Costa County

Managed team of consultants in preparation of controversial Application for Certification before the CEC. Directed project team throughout the licensing process, including preparation of critical testimony. Participated in development of community benefit package to enhance the local community.

MEMBERSHIPS

Solar Energy Power Association (SEPA), Member

Power Association of Northern California (PANC), Vice President

State Bar of California, Environmental Law Section, Member

Sacramento County Bar Association, Environmental Law Section, Member

Western Power Trading Forum, Member

California Municipal Utilities Association, Member

Rocky Mountain Mineral Law Foundation, Member

EDUCATION

Stanford Law School (J.D., 1989)

California Polytechnic State University (B.S. – Construction Management, 1986)

PRESENTATIONS

Power Association of Northern California, Spring Conference, June 2004 and April 2005, Conference Chair

"Legally Defensible Compliance with the California Environmental Quality Act," 2005, Presenter

"Development within and Around Wetlands," Lorman Education Services, 2004, Presenter

Federal Energy Bar Association, Western Chapter, Annual Meeting, 2001, Moderator

CHARITABLE

Assistant Soccer Coach, Sierra Oaks Soccer League

Reading Volunteer, Sierra Oaks Elementary School

Sacramento Local Conservation Corps, Board Member

Salvation Army, Volunteer Advocate

Paint the Town program, Volunteer

4-H horseback riding program, Volunteer