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Overview

Jon Micah uses his varied professional background to provide clients with clear-sighted environmental law advice in connection with a variety of energy projects.

Jon Micah brings together in-house experience with a multinational power generation development and operations company with his background as local regional counsel for the Environmental Protection Agency to guide clients with utility-scale energy projects through a diverse set of permitting, compliance, product safety, remediation, liability management, litigation, and transactional challenges.

Specifically, Jon Micah has drafted and negotiated project permits with state authorities, assessed wetlands permitting strategies under CWA Nationwide Permits, and has engaged federal agencies, particularly the Department of Energy and the U.S. Fish and Wildlife Service, to advance projects through NEPA, NHPA, and ESA mandated review and public comment periods. Additionally, Jon Micah has experience conducting transactional due diligence for Power Purchase Agreements with utilities and Fortune 500 companies.

Jon Micah’s involvement in energy and environmental law and public policy extends back to his undergraduate education and has remained consistent throughout his professional career. He served as a law clerk to Indiana University’s Conservation Law Clinic and the Environmental Defense Center in Santa Barbara. He also clerked for the Environmental Crimes Division at the U.S. Department of Justice. As a practicing lawyer, Jon Micah remains plugged in to the trends shaping the quickly evolving energy industry and the environmental laws regulating it. He is a member of the ABA’s Environmental, Energy, and Resources Section and uses his network of contacts to provide clients with the very latest intelligence on matters of strategy and compliance.

Industry

Services

Education

  • J.D., Indiana University Maurer School of Law
    • Environmental, Energy, and Natural Resource Law focus
    • Journal of Global Legal Studies, Articles Editor
  • M.P.A., Indiana University O'Neill School of Public & Environmental Affairs
    • Master of Public Affairs, Energy Policy Analysis focus
  • B.S., Indiana University
    • Environmental Management & Science
    • magna cum laude, Honors Program
    • Club Hockey, Captain and Vice President

Admissions

  • Illinois
  • Missouri

Professional Memberships and Certifications

  • American Bar Association, Section of Environment, Energy, and Resources (SEER)
  • Dunes Learning Center, Board Member
  • Northwest Indiana Paddling Association, Board Member
2023 Pro Bono Contributor
Experience

Energy Practice

  • Provided federal, state, and local environmental and permitting counsel for solar and wind projects in California, Arizona, New Mexico, Texas, Missouri, Arkansas, Louisiana, Wisconsin, Michigan, Ohio, Indiana, Illinois, Kentucky, South Carolina, North Carolina, Pennsylvania, Colorado, West Virginia, Virginia, Maryland, Massachusetts, Minnesota, Iowa, New York, and Maine.
  • Evaluated federal permitting and consultation needs for renewable energy projects, focusing on the National Environmental Protection Agency, Clean Water Action Nationwide 404 permits, U.S. Fish and Wildlife Service Incidental Take Permits, U.S. Fish and Wildlife Service Eagle Take Permits, Federal Aviation Administration, and Bureau of Land Management.
  • Part of environmental and permitting local counsel for biogas, ethanol, carbon capture, and green hydrogen projects across the United States.
  • Drafted and negotiated permitting and environmental representations and warranties for energy finance, tax equity, and construction loan deals totaling over 10 GW of wind and solar projects.
  • Led team's efforts to obtain Conditional Use Permits and zoning authorization across five battery storage projects in Oregon and Washington.
  • Evaluated client's Security and Exchange Commission environmental disclosures.
  • Served on developer's counsel team for Swift Current in the closing of debt financing and a tax equity commitment for a 266 MW solar project located in Southeast Texas. The Husch Blackwell team assisted in the areas of real estate, environmental and permitting, and electric regulatory throughout the purchase, development, debt financing, and funding stages. The transaction was structured to reflect the new U.S. Inflation Reduction Act policy guidance.

Environmental Practice

  • Served as team's lead outside counsel for clean air act enforcement actions in front of the U.S. Environmental Protection Agency and state Department of Natural Resource offices.
  • Defended clients in clean air act enforcement actions brought by state Attorney General offices.
  • Assisted clients in clean air act and clean water act permit acquisitions, including assessment under environmental justice.
  • Researched and drafted client support memorandums to state agencies covering EPA's Clean Water Act Veto Authority, Waters of the United States, and Supreme Court case County of Maui groundwater discharge functional equivalence test.
  • Negotiated potential responsible party agreements and participated in mediation procedures.
  • Coordinated environmental due diligence efforts for merger and acquisition deals, totaling over a $500 million portfolio across transportation, healthcare, and manufacturing clients.
  • Helped clients respond to hazardous substance spill reporting requirements, product safety label enhancements, and community notice requirements.
  • Assisted clients in evaluating their environmental, social, and governance (ESG) statements to avoid "greenwashing" concerns and to comply with Federal Trade Commission (FTC) requirements.
Outside the Office

Jon Micah learned to ice skate at age two, and he continues to play hockey in Chicago-area men’s leagues. Off the ice, Jon Micah enjoys road biking and exploring nature throughout the Midwest.  His simple pleasure is two strong trees, a hammock, and a new book.

When the weather brings him inside, Jon Micah can be found rooting for the Indiana Hoosiers and Philadelphia pro sports. Go Birds!‚Äč