Overview
Gunster advises on the full spectrum of challenges and opportunities the energy and utilities industries face, from initial property siting and acquisition, facility development, and the regulatory morass through resilience and reliability issues and dispute resolution.
Why Us
Backed by dedicated Eminent Domain/Property Rights and Florida Public Service Commission practices, our team offers clients an insider’s perspective of the regulatory and business landscapes with two past chairs of Florida’s Public Service Commission, the founder of Florida’s Women in Energy Leadership Forum, and a former board and executive committee member of NARUC. Several of our lawyers have been recognized by Florida Trend, Chambers and Partners, and Best Lawyers in the energy arena, including Best Lawyers Tallahassee “Energy Lawyer of the Year.”
Our Clients
We serve a diverse range of clients across the energy and utilities sectors:
- Vertically integrated and regulated electric companies
- Natural gas pipeline companies and compressed natural gas providers
- Natural gas local distribution companies
- Traditional and renewable energy companies
- Public and private utilities
- Water and wastewater facilities
- Project developers and property owners
- Cogeneration facilities
- Venture capital firms
- Institutional and private equity investors and lenders
- Infrastructure project sponsors and borrowers
How We Help
Backed by several decades of protecting and growing Florida businesses, we combine legal and regulatory knowledge with business acumen, helping traditional and renewable energy providers and electric and natural gas utilities address current and future generation, transmission, rate and affordability issues, as well as the commercial and operational concerns specific to their industries. Our goal is to deliver comprehensive service across the energy and utilities platforms tailored to meet our clients’ specific needs.
Our Services
We regularly represent clients regarding regulatory, litigation, government affairs and lobbying, corporate, real estate, construction, land use and environmental matters.
Regulatory
We are experienced in resolving regulatory and administrative matters before all Florida and federal agencies with oversight of the energy and utilities industries, including the PSC, EPA, U.S. Departments of the Interior, Transportation, Environmental Protection, and Energy, FERC, NARUC, FCC and the FTC, and represent clients before the Florida legislature, the Cabinet, and the Division of Administrative Hearings. Well-versed in the latest state and federal environmental and operating regulations, we advise on regulatory compliance matters and represent clients in regulatory investigations and proceedings.
Litigation and Dispute Resolution
Gunster lawyers represent clients in federal and state trial and appellate courts, arbitrations and settlement negotiations. We have successfully resolved significant and precedent-setting cases, including numerous multistate class actions, complex commercial disputes, and environmental cases.
Government Affairs & Lobbying
Our team is composed of attorneys, lobbyists and consultants, including two former chairs of the PSC commission, a former general counsel to the Governor, a former general counsel and deputy secretary at the Florida Department of Environmental Protection (FDEP), a former Director of Legislative and Government Affairs at the FDEP, and a key policy advisor and liaison with government and community groups. Gunster’s Government Affairs & Lobbying team helps overcome obstacles, create opportunities, and protect our clients’ bottom line. Our experience extends to all state and federal government levels and includes relationship building, lobbying, drafting legislation, and energy, water and renewables policy advocacy and advisory. Working with decision-makers and thought leaders outside conventional financial and legal arenas, we address our clients’ most complex governmental and community-related concerns.
Corporate Advisory
We advise established and emerging companies in the energy and utilities sectors on their day-to-day corporate matters. Our lawyers handle everything from mergers, acquisitions and joint ventures to finance, tax and tax credits to supply/distribution issues, employment and labor, facilities-related issues, cybersecurity, corporate restructurings/reorganizations and insurance. We also advise the Edison Electric Institute (EEI) consortium companies and their senior executives regarding state and national energy policy.
Our lawyers also assist regulated electric and natural gas clients in all aspects of cost recovery, including tariff filings, annual cost recovery proceedings (fuel, environmental and purchased gas), limited proceedings, rate case filings (file and suspend, as well as proposed agency action) and acquisition adjustments.
Real Estate, Construction and Land Use
Gunster has helped energy and utilities clients achieve their construction and infrastructure visions for nearly 100 years. Our lawyers address the many issues in acquiring, developing and protecting property rights. We secure permits and approvals, negotiate engineering procurement and construction contracts, guiding clients from design through project execution and completion, and advise on purchasing, leasing, zoning, easements, rights-of-way, and eminent domain/property rights. Partnering with our clients, industry consultants, environmental engineers, and permitting and regulatory authorities on major projects, we have helped shape Florida’s future, playing a key role in meeting the needs of the state’s growing population, businesses and economy.
Environmental
For decades, the Gunster team has actively assisted clients with the air, water, wetland, species, site, waste issues, compliance and remediation. From scaling regulatory obstacles to permitting and resolving litigation issues, our work has included rulemaking on behalf of clients regarding:
- EPA air regulations
- Greenhouse Gas Rule issues
- State pollution notification rules
- New Source Review issues
- Implementation of the Build America Buy America Act contained in the Bipartisan Infrastructure Act
- Federal wetland permitting
- Application of the Supreme Court’s groundbreaking decisions under the Clean Water Act
- Tracking electric vehicle rulemaking
- Applying Florida’s major overhaul of stormwater regulations
- Helping resolve the issues associated with transitioning to solar photovoltaic panels and other renewable energy sources
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Our Experience
Gunster's energy and utilities team has extensive experience in handling a wide range of projects and legal matters. Some of our notable achievements include:
- Representing the sponsor and borrower in a $700 million term loan and letter of credit project financing deal for two wind facilities aggregating 606.5 MW of capacity.
- Serving as sponsor and project counsel in connection with a $400 million construction term facility to finance a 668 MW simple-cycle combustion electric generation facility and a 774 MW combined-cycle generation facility.
- Counseling large U.S. banks as tax equity investors in solar PV sale-leaseback projects backed by power purchase agreements with major commercial retailers and municipalities.
- Representing a national natural gas pipeline company against a third-party environmental challenge to a 517-mile interstate natural gas pipeline project.
