Project Development

Assisted developer in the negotiation of the environmental provisions of a ground lease with the Port Authority of New York and New Jersey, supporting the development of a 346,000-square-foot cargo terminal at JFK Airport.

Represented an off-shore wind developer in connection with its comprehensive proposal under New York's 2020 offshore wind solicitation (ORECRFP20-1).

Represented developer of a 60 MW portfolio of community solar projects in upstate New York; assisted with drafting and negotiation of leases and subscription agreements with municipality, day-to-day permitting and contract assistance, and negotiation of a purchase and sale agreement.

Represented operator of a 750 MW natural gas power plant in the modification of its existing Article X certificate, obtaining the first-ever approval issued by the New York Public Service Commission under the revised Article 10 regulations.

Represented developer of a portfolio of wind projects in the negotiation of REC contracts issued under New York's Large-Scale Renewables solicitation process.

Obtained all land use and environmental permits for the developer of a compressed natural gas filling station in upstate New York.

Transactions & Financing

Represented potential purchaser of a six-project portfolio of operating wind farms in New York, including analysis of the permitting process for repowering such projects.

Represented a wind developer in the project financing of six wind farms currently operating in upstate New York; coordinated the due diligence for issuance of permitting opinions to both lenders and tax equity partners.

Represented a private equity firm in connection with its acquisition of waste management facilities in New York and West Virginia, including one of the nation's largest medical waste incinerators.

Represented sellers of C&I and community solar projects throughout New York State, representing combined capacity of greater than 400 MW; performed all required tasks from term sheet through closing and enforcement of milestone payments.

Represented a utility in two separate offerings of debt securities backed by the operation of seven wind farms in five states; the engagement required performance of environmental and permitting due diligence on each of the wind farms, followed by drafting of securities disclosure statements and negotiation of the terms of permitting opinions with local counsel in each jurisdiction.

Represented various lenders in financing for the development of five separate ethanol production facilities; the engagement required conducting detailed due diligence on environmental and permitting matters, and coordinating that review among developers, the banks, and their respective environmental engineers.

Represented ITR Concession Company LLC in its widely publicized $3.8 billion acquisition of a concession to operate the Indiana Toll Road; tasks included environmental due diligence, extensive negotiation of the environmental provisions of the concession and lease agreement, and coordination of the transfer of over one hundred permits.

Represented a national bank in the sale/leaseback financing of two ground-mounted solar photovoltaic facilities on brownfields in western New York.

Environmental

Represented the owner of a 2,000 MW nuclear power plant in high-level negotiations with the NYS Governor's office, Attorney General's office, and the NYS Department of Environmental Conservation regarding the timing and manner of the facility's closure; also represented the owner in the sale of the facility to a third party for decommissioning and demolition, with a focus on the allocation of environmental liabilities and the transfer of applicable permits.

Represented owner of solid-waste landfill in the negotiation of a consent order with the NYS Department of Environmental Conservation for post-closure operation and maintenance.

Represented the owner of a truck depot in connection with the accidental release of 1,000 gallons of diesel fuel to soil and an adjacent creek. Assisted the client with the cleanup of the spill under the Illinois Site Remediation Program, negotiated the terms of a civil settlement with the Illinois Attorney General's office, and helped the client minimize the impact of the spill on the pending sale of the company.

Represented the owner of an interstate pipeline in connection with a multi-site compliance audit and the voluntary disclosure of findings to the State of New York.

Assisted a major automobile manufacturer obtain Clean Air Act permits for more than 60 dealerships throughout New York State in connection with a limited service campaign.

Represented a major specialty chemical manufacturer in connection with a joint U.S. Environmental Protection Agency and New York State Department of Environmental Conservation investigation into violations of the Clean Air Act and the Resource Conservation and Recovery Act.

On a pro bono basis, represented Fresh Youth Initiatives, Inc., in connection with the remediation of a significant oil spill in upper Manhattan; Mr. Trimarchi was able to recover 100% of FYI's cleanup costs from the New York Oil Spill Fund.