Environmental Law & Energy Land Use
Environmental Law & Energy Land Use

Overview

This practice has the knowledge and experience to provide clients insightful counsel on cutting-edge environmental, energy and land use issues such as waste to energy, high-stakes water enforcement cases, regulatory compliance and enforcement defense.

We have prominent attorneys that are widely recognized in Puerto Rico, the U.S. and Latin America for their specialized knowledge in complex areas that are constantly evolving with regulatory, technological and financial implications for our clients’ businesses and operations.

We Handle


  • Regulatory compliance
  • Enforcement defense
  • Zoning and permitting
  • Environmental impact reviews
  • Multi-jurisdictional transactions
  • Project siting and development
  • Bankruptcy reorganizations
  • Sustainable and renewable energy projects
  • Alternative fuel facilities
  • Assessment, management and disposition of environmental liabilities

Representative Transactions

  • Acting as counsel to the first-ever 80MW, $750 million resource recovery facility (RRF) in Puerto Rico in the preparation and filing of the application to obtain this key permit for it, including location consultation approvals, air emission and solid waste construction permits, water franchise authorizations, and related litigation at the administrative and judicial levels. The RRF will process 2,100 TPD of waste and convert them in electric energy; recover approximately 100 million TPY tons of ferrous and nonferrous metals per year; create 8,287 direct, indirect and induced jobs during the construction phase and more that 700 direct, indirect and induced jobs during its operation; and avoid the landfilling of 2,100 TPD of solid waste.
  • Acting as counsel in the negotiation and implementation of power purchase and operation agreements with the Puerto Rico Electric Power Authority and permitting matters for WTE, solar and eolic projects.
  • Advised clients in due diligence efforts for the acquisition of energy projects deemed key projects by the Puerto Rico Electric Power Authority for its compliance with the Puerto Rico Energy Diversification through the Sustainable and Alternative Renewable Energy Policy Act.
  • Acted as counsel of a multinational company in the negotiation of contracts for the development of infrastructure and supply of LNG for the client’s use in its efforts to achieve further energy self-reliance and costs reduction.
  • Acted as counsel of investment management firm specializing in event-driven arbitrage strategies on due diligence and development for property in the most sought after beach front location in Puerto Rico: the Condado in San Juan. The proposed project is anticipated to set new construction and development standards on the island and revitalize the area. This project is one of the few in development in Puerto Rico at the moment.
  • Acted as counsel for multinational company in all permitting, contractual, financing, land use and environmental compliance matters with respect to a solar farm that the company is proposing to build within its premises, including engineering, procurement and construction agreements and permits. This behind-the-meter project will enable the client to reduce its energy cost, carbon footprint and reliance on petroleum based fuels.

Recognition

  • 2015 Latin America Edition of Chambers & Partners as Notable Practitioners in Environmental Law
  • Best Lawyers® International as Best Lawyer in Puerto Rico for corporate and M&A law (2013-2015)
  • Best Lawyers® Lawyer of the Year Corporate and M&A Law (2014)

Notable Cases & Transactions

$700 Million renewable energy investment

Handled the first and single Puerto Rico resource recovery project for the development, design, financing, construction and operation of a 2,100 ton/day, 80MW renewable energy power plant using processed refuse[…]
case-14 million-cedit-agreement-small

$14 Million credit agreement

Acted as counsel to bank in the closing of a $14 million credit agreement for the financing of seven solar photovoltaic energy projects involving the P.R. Aqueduct and Sewer Authority,[…]
World Class Public Private Partnership Transaction

World class public private partnership transaction

In a groundbreaking transaction and first-ever in Puerto Rico, Ferraiuoli acted as local counsel to the entities listed below in a world-class P3 transaction involving Puerto Rico’s Luis Muñoz Marín[…]
Federal Deposit Insurance Corporation (FDIC)

Federal deposit insurance corporation (FDIC)

Acted as local counsel to the Federal Deposit Insurance Corporation in the 2010 consolidation of three failed Puerto Rico banks, including the drafting of the perfection of a security interest[…]