Energy
Downey Brand attorneys possess the knowledge and experience to help clients navigate virtually every aspect of California’s energy market. Our attorneys represent clients in all aspects of energy project development, generation, transmission, storage, procurement, environmental permitting, regulatory compliance, administrative proceedings, and litigation.
Our energy attorneys routinely represent clients before the California Public Utilities Commission (CPUC), the California Energy Commission (CEC), the California Independent System Operator (CAISO), the Office of Energy Infrastructure Safety (OEIS), and the California Air Resources Board (CARB). Our expertise extends from conventional gas-fired generation and petroleum pipelines and terminals to all types of renewable generation and cutting-edge technologies. We have represented developers, regulated utilities, generators, electric and natural gas service providers, oil pipelines, financial institutions, local governments, and other energy market stakeholders in a wide array of regulatory and litigation matters. Our attorneys understand the unique challenges posed by California’s legal and regulatory environment for energy projects and market participants, and we have the expertise to help our clients navigate those challenges.
Selected Experience
- Represented Trans-Elect as state regulatory counsel for the Path 15 Upgrade Project in partnership with WAPA and PG&E. This major upgrade of the Central Valley transmission link between northern and southern California was the first privately-financed high voltage transmission project in the U.S.
- Represented Wild Goose Storage, LLP in obtaining the first certificate of public convenience and necessity for an independent natural gas storage provider in California and three subsequent approvals for expansions of that facility.
- Represented energy company on EIR for expansion and development of oil wellfield and construction of pipeline for importation of recycled water for oil production activities. The EIR addressed major issues including climate change and air quality, endangered species, public safety and emergency response, and water quality.
- Advised energy clients on successful applications for air permits for new equipment including generators, and compost operations and digesters. These complex permit applications include review of best Available Control Technology, New Source Review (NSR), and Prevention of Significant Deterioration (PSD) requirements, modeling, emission reduction credits, and offsets.
- Advised a purchaser of grid-scale solar photovoltaic projects and prepared an analysis of regulatory and permitting risks of more than 30 solar facilities.
- Performed a due diligence analysis of regulatory issues for the financing of several large energy storage facilities.
Renewable Generation Projects
- Represented several lenders in connection with all real estate aspects of financings secured by solar and wind generation projects located in California.
- Represented NextEra Energy in providing regulatory review of tariffs, power purchase agreements, environmental permitting, and transactional documents in connection with the sale of the Shaffer Solar and Adelanto I and II solar projects.
- Obtained the first Renewables Portfolio Standard certification for an out-of-country generation facility.
- Advised a public water and energy agency on an EIR for a 200 MW photovoltaic solar farm located in Southern Owens Valley.
- Land use and environmental due diligence for transmission (gen-tie) line, high voltage substation, and 60-turbine wind energy generation project (252 MW).
- Represented two utility-scale solar developers in rehearing before the California Public Utilities Commission on CEQA compliance for the El Dorado/Ivanpah Transmission Project, a project to install a new substation and transmission line upgrades in San Bernardino County.
- Secured retroactive eligibility for several months’ worth of Renewable Energy Credits for three solar projects.
- Advised a large automaker regarding the use of landfill gas to generate energy and to power boilers at several manufacturing facilities. This representation also involved representing a coalition of auto manufacturers in EPA’s development of National Emission Standards for Hazardous Air Pollutants for Boilers.
Traditional Generation and Energy Resources
- Represented Babcock & Brown and Pattern Energy in the development, permitting, and construction of the Trans Bay Cable Project, a 400 MW direct current underwater transmission cable linking Pittsburg, CA with San Francisco, providing the first additional transmission connection for the isolated San Francisco electric grid.
- Represented PacifiCorp in the sale of its Deer Creek Mine assets, obtaining authorization for the sale of the assets.
- Advised clients on compliance with Pipeline and Hazardous Materials Safety Administration (PHMSA) and California State Fire Marshal pipeline safety and spill response planning requirements. Land use, environmental, and real estate entitlements and permitting work to support replacement of oil transmission pipeline over three counties and private, state, and federal lands.
- Land use and environmental due diligence for a 240-megawatt natural gas-fired combustion gas turbine electrical power generating plant.
- Negotiated a significant reduction in gas transportation rates for a large gas-fired generator.
- Provided regulatory advice and representation for the developer of two large upgrades to the California electric transmission system.
Air Quality Compliance
- Advised an operator of a cogeneration facility on air permit amendments and compliance issues for a gas-fired turbine. Assisted clients with acquiring air permits for installation of gas turbines at peaker plants in California. The work involved advocating for Best Available Control Technology determinations regarding greenhouse gas emissions.
- Advised energy clients on the mechanics of and obligations under Cap-and-Trade, following its implementation.
- Developed an overarching greenhouse gas emissions analysis and mitigation strategy for an oil and gas extraction project.
Representative Litigation
- Led legal team in advising and defending power facility owners and operating partner in enforcement action filed by Circuit Prosecutor for alleged discharge and placement of material into wetlands
- Defended a biomass power facility against enforcement action by county air pollution control district alleging hundreds of violations of county, state, and federal air quality regulations and permit requirements.
- Represented an energy company in CAA enforcement action by the United States Environmental Protection Agency, alleging five years of violations at a central valley biomass power plant.
- Represented a petroleum company in parallel state and federal enforcement actions involving the release of thousands of barrels of oil from an oil pipeline in the Los Angeles Region. The matter involved claims under the Clean Water Act and California Fish & Game Code, as well as claims of Unfair Competition under Business & Professions Code 17200.
- Represented a major oil company in connection with extensive remediation matters for terminals, including related litigation regarding natural resource and development damage claims.
Brian T. Cragg
Brian T. Cragg
Partner

Clients turn to Brian Cragg when they need advice on energy regulatory and transactional matters, including meeting regulatory requirements for the development or purchase of generation, energy storage, and transmission projects, evaluating the risk of energy-related investments, and navigating the interconnection, transmission, and new resource processes of the California Independent System Operator.
San Francisco 415.848.4813
Partner
San Francisco 415.848.4813
Matthew W. Ellis
Partner
San Francisco 415.848.4846
Sacramento 916.520.5495
Nicole E. Granquist
Partner
Sacramento 916.520.5369
Christian L. Marsh
Christian L. Marsh
Partner / Executive Committee Member

Public agencies and private companies turn to Christian Marsh for advice on regulatory and land use entitlement issues governing real estate developments, ground and surface water supply projects, renewable and non-renewable energy facilities, mining operations and processing plants, and port and waterfront developments.
San Francisco 415.848.4830
Partner
San Francisco 415.848.4830
Kathryn L. Oehlschlager
Partner
San Francisco 415.848.4820
Megan J. Somogyi
Megan J. Somogyi
Partner

Megan Somogyi specializes in the California Public Utilities Commission and California regulated utilities. She assists clients in a broad array of utility-related matters, including wildfires and power shutoff proceedings, utility certification and ratemaking, nuclear power plant decommissioning, tariff filings, energy industry rulemakings, administrative litigation, and regulatory compliance.
San Francisco 415.848.4829
Partner
San Francisco 415.848.4829
Robert P. Soran
Partner
Sacramento 916.520.5364
Danielle R. Stephens
Danielle R. Stephens
Partner

Danielle Stephens is a skilled transactional attorney who assists clients with commercial real estate leasing, financing (including CMBS and SBA loans), acquisitions and sales, easements, and title matters with a focus on contractual negotiations requiring collaborative deal-making. She also advises on matters involving contaminated properties including due diligence and remediation.
Sacramento 916.520.5475
Partner
Sacramento 916.520.5475
Announcements
5 related items-
November 5, 2022Downey Brand Ranked Nationally and Regionally in 2023 “Best Law Firms” by U.S. News – Best Lawyers®
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September 28, 2022Thomas Law Group to Merge with Downey Brand
Merger Compliments Strategic Expansion of Natural Resources Department in Sacramento and San Francisco -
June 16, 2022Chambers USA Recognizes Downey Brand’s Environmental and Energy Practice Groups and Four of its Attorneys
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June 9, 2022Experienced Energy and Natural Resources Partner Jed Gibson Joins Downey Brand
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October 1, 2021Goodin MacBride’s Public Utility Regulation Practice Joins Downey Brand
Firm Furthers its Bay Area Presence with Strategic Expansion of Natural Resources Practice
In the News
2 related items-
December 10, 2021Why California’s Energy Crisis Is Driving Demand for Regulatory Lawyers
The Recorder -
October 1, 2021Downey Brand acquires San Francisco law firm Goodin MacBride’s public utilities practice
Sacramento Business Journal and S.F. Business Times
Speaking Engagements / Events
7 related items-
April 2023Whack-and-Stack: The Unintended and Unregulated Side Effects of Utility Wildfire Mitigation Activities in California
Presenter, Practising Law Institute- On Demand Studio Briefings -
April 27, 2023Emergency Preparedness, Community Outreach, and Public Safety Power Shutoffs
Panelist, 2023-2025 Wildfire Mitigation Plan Workshop -
August 5, 2022Navigating California’s Unique Legal, Permitting, and Environmental Risks for Offshore Wind
Joint Webinar Presentation -
May 2, 2022Energy, Interrupted: A Discussion of the Impact of Climate Change on the California Energy Market and Practical Solutions
Panelist, CCPUC Annual Meeting -
April 25, 2022California Water Rights, Supply and Quality Webinar
Speaker, HalfMoon Education Live Webinars -
March 28-30, 2022Infocast’s Pacific Offshore Wind Summit
Event Sponsorship -
October 14, 2021“If you build it…”
Panelist, 30th Annual Environmental Law Conference at Yosemite
Legal Alerts
11 related items-
April 14, 2023CAISO Draft Plan Signals Shift to Proactive Transmission Planning
Energy Law -
January 4, 2023California Energy Commission Releases Draft Permitting Roadmap for Offshore Wind Development and Report on Economic Benefits of Offshore Wind
Energy Law -
December 7, 2022BOEM Announces Results of First West Coast Offshore Wind Lease Sale
Energy Law -
October 25, 2022BOEM Publishes Final Sale Notice for California Offshore Lease Areas
Energy Law -
July 8, 2022California 2022–2023 Energy Budget
Energy Law -
July 5, 2022California Eases Environmental Requirements to Address Threatened Electricity Outages
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February 18, 2022PG&E Proposes Significant Rates Increases for Agricultural, Commercial, and Industrial Customers
Public Utility Regulation -
February 18, 2022Significant Transmission Additions and Upgrades Identified in the California Grid Operator’s 20-Year Transmission Outlook
Energy Law -
January 31, 2022California Natural Gas Utilities Propose New GHG Emissions Reduction Calculation Methodology for Biomethane Projects
Energy Law -
November 19, 2021California Public Utilities Commission Proposes Eliminating Financial Incentives to Developers for Natural Gas Appliances and Service Line Extensions
Public Utility Regulation -
January 27, 2021Biden’s Inauguration Day Executive Order on Environment and Energy Regulation
Environmental Law
Publications
16 related items-
January 2023In a Major Regulatory Step, FERC Approves Removal of Four Dams on the Klamath River
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 4 -
September 2022D.C. Circuit Upholds FERC’s Approval of Adelphia Pipeline Acquisition Under NEPA
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 11 -
August 11, 2022Energy Commission Sets California Offshore Wind Target of 25 GW by 2045
Downey Brand Energy Publication -
May 26, 2022Recent Developments for California Offshore Wind
Downey Brand Energy Publication -
April 15, 2022California Offshore Wind Gains Momentum with Two Key Milestones in April
Downey Brand Energy Publication -
February 18, 2022Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations
Downey Brand Energy Publication -
December 2021California Proposes Setback Requirement for New Oil and Gas Wells – How Does it Measure Up?
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 2, Number 3 and California Land Use Law & Policy Reporter, Volume 31, Number 3 -
October 2021U.S. Supreme Court Upholds Eminent Domain Authority for FERC ‘Certificate’ Gas Pipeline Company Despite New Jersey’s Sovereign Immunity Challenges
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 1 -
June 2021U.S. Circuit Court of Appeals Dismisses City of New York Global Climate Change Lawsuit Against Multiple Multinational Oil Companies
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 9 -
January 4, 2021Arizona and Nevada Take Major Steps Towards Greenhouse Gas Reductions By 2050
Argent Communications Group -
July 23, 2020Local Governments and Communities Should See Improved Coordination, Service Under PG&E Regionalization Proposal
Goodin Macbride Administrative Law Blog -
April 18, 2022 (Revised)Summary of California Supreme Court and Court of Appeal Opinions Reviewing Decisions of the California Public Utilities Commission
Provided by Downey Brand’s Public Utility Regulation Practice -
September 7, 2020FERC Order Requires PacifiCorp to Remain on for Klamath Dam Removals
Argent Communications Group -
June 10, 2020Climate Change Cases Can Move Forward in State Courts, But Will They Be Successful?
Daily Journal -
January 2020Federal Circuit Determines CVP Restoration Fund Payments Must Be Proportionately Assessed to Water and Power Customers
California Water Law & Policy Reporter, Volume 30, Number 4 -
June 2015Environmental Groups File Suit Against San Francisco Challenging Hetch Hetchy Reservoir
California Water Law & Policy Reporter, Volume 25, Number 9