Megan P. Caldwell

Energy Practice

• Led team serving as local counsel for a tax equity investor and construction lenders in connection with the 90-MW repowering and 144-MW expansion of a wind project in Guadalupe County, New Mexico.
• Served as environmental and permitting counsel for lender group closing construction loans totaling $2 billion for three Oklahoma wind projects, 999 MW, 288 MW, and 199 MW in size.
• Led team's representation of a solar developer in connection with the development and financing of a 300-MW solar project in Pueblo, Colorado in order to operate an adjacent steel mill facility, making it the largest on-site solar facility dedicated to a single customer in the U.S. at the time.
• Led team's representation of a hedge provider in connection with a 100-MW battery storage project under development in Williamson County, Texas.
• Served as project counsel in connection with a wind developer's partial sale of its company to investors, leading environmental and permitting efforts in connection with the 18 renewable energy projects in 8 states involved in the transaction. Those projects – in Arkansas, Illinois, Kentucky, Maine, Michigan, Missouri, Pennsylvania and Texas – represent a pipeline of over 6-GW of wind and solar energy.
• Served as environmental and permitting counsel for a renewable energy developer in their development, financing and sale of a 525-MW wind power project in Coke County, Texas, which at the time was the largest single-site onshore wind farm to be developed in the U.S. in a single phase.
• Served as environmental and permitting counsel for a developer constructing an 1,800 MMBtu per day anaerobic digester facility located in Brown County, Wisconsin, which collects biogas from the fermentation of organic farm waste.
• Served as environmental and permitting counsel for a lender in connection with the financing of four gas peaker plants – two operating and two under construction – in Harris and Victoria Counties, Texas.
• Served as environmental and permitting counsel for a construction lender in connection with two carbon capture projects involving the capture of carbon dioxide (CO²) from two ethanol plants in Hale and Deaf Smith Counties, Texas, and the transportation of purified CO² via pipelines to delivery points in Hale County, Texas, and Curry County, New Mexico. The projects were designed to capture 95% of CO² produced at the ethanol facilities, which is currently vented to the atmosphere, for an estimated capture of 1,084 metric tons per day from each facility.
• Led team's local counsel work for a global green energy company in connection with plans to develop the world's largest renewable energy storage hub, located in Utah, planned to produce utility-scale green hydrogen from renewable energy sources, store the hydrogen in underground salt dome caverns, and deliver the hydrogen to a 840 MW hydrogen-capable gas turbine combined cycle power plant.
• Led team serving as local counsel for a developer seeking tax equity financing for a portfolio of community solar projects in Maryland and Washington, D.C.

General Environmental Practice

• Coordinated environmental due diligence efforts for national self-storage client purchasing a $1.3 billion portfolio of 112 self-storage properties nationwide.
• Represents a leading industrial technology company in connection with its predecessor's historical involvement in the Diamond Alkali Superfund (CERCLA) site, which includes the 17-mile tidal stretch of the Passaic River upstream of Newark Bay, New Jersey. The site is one of the largest and most expensive cleanup projects in the Superfund program's history.
• Represented two international companies as plaintiffs in a high-profile CERCLA contribution and cost recovery lawsuit involving PCB and lead contamination in Anniston, Alabama.
• Assisted a Fortune 500 company operating the only elemental phosphorus production facility in the United States in updating its comprehensive RCRA strategy for operations and wastes.
• Assisted an oil company in managing its environmental liabilities associated with the sale of seven convenience and gas station facilities in Wisconsin, along with coordinating the removal and agency closure of underground storage tanks at the sites.
• Represented a hospitality corporation in responding to and implementing corrective actions to address a Colorado Department of Public Health and Environment enforcement action concerning unpermitted groundwater discharges from a Denver attraction owned by the company, allegedly in violation of the state's water quality law.
• Achieved withdrawal of a California Proposition 65 notice of violation targeting a manufacturer allegedly producing consumer products containing significant lead levels.
• Coordinated a tool manufacturer's comprehensive California Proposition 65 product audit to inform decisions on labeling strategy.
• Assisted Arevon Energy in the closing of financing for the 228 MW Posey Solar Project in Southern Indiana.