REPRESENTATIVE EXPERIENCE
Molly K. Barker
CARBON AND CLIMATE
Assisted in advising on requirements associated with a Class VI injection well permit for carbon
sequestration.
Provided guidance on carbon allowance and offset requirements for covered facilities under the
Washington State Climate Commitment Act, and guidance on how the Clean Energy Transformation Act
may impact operations of greenhouse gas-emitting power generation facilities.
For a liquefied natural gas plant in Louisiana, in response to a FERC Section 3 approval under
the Natural Gas Act, assisted in responding to requests for rehearing on NEPA grounds focusing
on environmental justice impacts and greenhouse gas emissions, and advised on the project’s
PHMSA compliance, as well as FERC licensing implications associated with horizontal directional
drilling within the subsurface of the project footprint by subsurface mineral owners.
For a liquefied natural gas plant in Texas in response to a FERC Section 3 approval under the
Natural Gas Act, assisted in responding requests for rehearing and subsequent appeal to D.C.
Circuit on NEPA grounds, focusing on air quality, greenhouse gas emissions, environmental
justice, and endangered species.
STORAGE
Advised battery storage developer on compliance with local land-use zoning laws and the Energy
Facility Siting Council (EFSC) process for siting a battery energy storage facility on forest
land in Southern Oregon.
Perform federal, state, and local permitting and environmental due diligence for three separate
battery energy storage facilities in Texas with a 300 MW, 200 MW, and 205 MW capacity,
respectively.
Advised on permitting timeline for a solar project and battery energy storage system sited in
Southwest Colorado.
Led environmental and permitting diligence for tax equity financing of a 35 MWac battery energy
storge project in Imperial County, California.
SOLAR
Led environmental and permitting diligence on two 75 MW photovoltaic solar electric generating
facilities in Florida.
Led environmental and permitting diligence for tax equity financing of a 42 MWac solar project
in Imperial County, California.
Provide environmental and permitting due diligence to tax equity investor for a 204 MW
photovoltaic solar electric generating facility in Uvalde, Texas.
Assist in the due diligence for debt financing on a portfolio of nine operational solar projects
in Virginia.
Advised on federal environmental siting and permitting due diligence for the development of
three separate solar farms in Oahu, Maui, and the big island of Hawai'i.
Advised client on EFSC certificates and appeals in Oregon for a solar development.
Conduct environmental due diligence for private equity financing of 18 solar developments
spanning Iowa, Wisconsin, Maryland, and Colorado.
Assist in advising on and developing solar power purchase agreements and related associated
leases and financing documents associated with relating to procuring power for both on- and
off-site solar power transactions.
Serve as local counsel for construction lender for a 200 MW solar array development in Michigan.
Conduct environmental and permitting due diligence on an 80 MW solar and battery energy storage
system project located in Montana.
Advised private equity fund on regulatory and permitting requirements under Clean Water Act for
development of solar arrays on top of cranberry bogs in Massachusetts.
WIND
Conducted environmental and permitting due diligence for financing the repowering of an existing
89.5 MW wind turbine facility in Texas, and for financing the development of a new 1,029 MW wind
turbine facility straddling Texas and Oklahoma.
Counsel wind energy developer on requirements for turbine development in Mississippi State.
Advise wind energy developer on bald eagle permitting issues and compliance with BGEPA and the
ESA arising under the development of multiple wind farms in Ohio and assist in administrative
permitting proceeding in front of state power siting board.
Advised on eagle and endangered species issues under SEPA for wind project in Illinois relating
to a potential purchase of a wind project.
FUSION
Worked with fusion energy developer in Massachusetts to draft and refine formal comment letters
to Nuclear Regulatory Commission shaping policy discourse on emerging fusion federal energy
regulations and advocating for industry-aligned standards.
Counsel fusion energy developer on Washington state regulatory parameters on fusion.
RENEWABLE FUEL
Represented a public-private 501(c)(6) organization in the Pacific Northwest in respect of
organization, governance, and compliance, in its efforts to submit a grant proposal for federal
funding to the US Department of Energy for the development of a renewable hydrogen hub in the
Pacific Northwest.
In preparation for an equity acquisition, advised client on environmental and permitting
compliance of a 60 MW combined cycle electric generating facility during its conversion to
biofuels, located on Hawaii Island.
Advised client on what sorts of renewable fuel uses are eligible to generate renewable
identification numbers under the Federal Renewable Fuel Standard regulations.
RECYCLING
Advised client on contract requirements for imports and exports of lithium-ion batteries for
recycling between the US and Canada.
Advise global car company on state-by-state regulatory requirements for recycling scrap metal
from e-waste.
Represented a worldwide e-commerce and retail client concerning compliance and potential
liability concerning expanded polystyrene (EPS) and single-use plastic laws and regulations
enacted within the past several years. Representation included a thorough analysis of California
state law and regulation, continuous issue-specific legislative and regulatory updates, and
strategic advice concerning how to comply with each component of the client’s business model,
retail, distribution, and supply chain, as well as guidance as to how to participate in the
applicable state rulemaking processes.
Represented a nationwide grocery store chain concerning compliance with extended producer
responsibility (EPR) laws in Colorado, including how to comply with producer requirements and
the scope of compliance obligations for different sections of its supply chain, product
distribution, and branding.
Advised Korean renewables and environment-focused client in connection with environmental and
permitting diligence associated with commencing battery recycling operations at an existing
facility in Georgia controlled by a Korean affiliate.
Assists in the environmental and regulatory permitting due diligence phase of corporate
transactions for waste and recycling facility in California.
Advise client on regulatory compliance associated with the transboundary movement of black mass
from Canada to the United States, or through the United States to third countries, for
recycling.
NATURAL RESOURCES IMPACTING AGRIBUSINESS AND FOREST PRACTICES
Led environmental and water rights due diligence on an agribusiness client’s acquisition of 46
properties in eight states, with closing following 84 days from the letter of intent.
Advised agribusiness client on impacts to water rights from corporate restructure of
agricultural portfolio.
Assist clients in negotiation with regulators on aquaculture permitting requirements under the
Rivers and Harbors Act.
Assisted a cattle ranch operator in evaluating and securing water rights and resources.
Assist agribusinesses on policy initiatives surrounding endangered salmon population recovery
efforts.
Assist multiple timber companies on endangered species conservation planning relating to the
marbled murrelet species and other environmental matters related to its forested lands.
On behalf of forest practices client, engaged in the public comment process regarding
Washington’s Fishway and Screening Proposed Rule and advocated for practical adjustments to
mitigate operational implications and support industry compliance and environmental stewardship.
Assisted agribusiness client and upstream owners and international investors and fund feeders in
securing water rights within Bureau of Reclamation jurisdiction pursuant to the Reclamation
Reform Act associated with a real estate purchase transaction.
REGULATORY COMPLIANCE COUNSELING
Advised national timber company on maintaining TSCA compliance with its downstream customers as
a result of new rules on emerging contaminants.
Advised semiconductor company on TSCA compliance protocol for imports and downstream uses of
emerging contaminants, including PFAS, subject to Consent Orders and Pre-Manufacturing Notices,
exemptions associated with research and design using such constituents, and compliance protocol
for requesting determinations of equivalency for alternative control measures and any
determination of confidential business information.
Counsel battery recycling client on TSCA compliance associated with liquidating assets subject
to Pre-Manufacturing Notice Consent Orders.
Performed reverse environmental due diligence on a buyer of freeze-dried food companies.
Performed environmental compliance due diligence on acquisitions of a semiconductor business in
California.
PROJECT AND INFRASTRUCTURE PERMITTING
Assisted client with evaluating appropriate CAA air permitting strategy for expanding generator
capacity for datacenter campus located in Texas.
Evaluate NEPA triggers for multiple federal funding sources associated with a multiphased
development of an urban park over a highway in Texas and develop strategy for compliance with
NEPA.
Perform federal, state (including EFSC compliance), and local permitting and environmental
diligence for three fuel cells to power datacenters in eastern Oregon.
Counseled electric power company regarding FERC licensing and permitting for a hydroelectric dam
facility located in Washington.
Led the environmental and permitting diligence advisement to client public entity in its
acquisition of a landfill gas-to-energy facility in Washington.
RESOLVING ENFORCEMENT
Worked with Swedish and local counsel in various countries in Southeast Asia and in Europe to
advise client on the re-export permitting of US-originating lithium-primary batteries from
Sweden to an alternative location for recycling in accordance with RCRA hazardous waste export
rules and international law on transboundary movements of hazardous waste, and assist client in
resolving an EPA RCRA enforcement action through a Consent Agreement and Final Order relating to
same.
Work to resolve state regulator’s claims of noncompliance against client’s railyards in Montana
relating to Clean Water Act stormwater permitting.
Counseled a fuel distributor on regulatory compliance issues surrounding the Spill Prevention,
Control, and Countermeasures implementing regulations under the CWA and assisted in negotiating
a Consent Decree and penalty payment on behalf of the distributor with the US EPA to resolve
violations of those regulations.
Assisted client in resolving RCRA enforcement action through a Consent Agreement and Final Order
of an aboveground tank facility in Kansas City, Missouri.
CONTAMINATED SITES
Assisted a foreign indirect parent of a now defunct operator that historically maintained a
facility in California during a four-week federal trial that resulted in successfully defeating
a US$100 million claim on personal jurisdiction grounds brought by a municipality.
Assist tire recycling company on how to ensure federal environmental statutory protection when
leasing a Superfund site located in Washington State.
Assisting in a settlement process and associated insurance issues with government and
quasi-government entities in cleanup of one sediment unit in Northwestern Washington.
Assist in developing and building out strategy for contribution and piercing corporate veil
against other responsible parties at federal cleanup site in Washington State.
Assist in advising a quasi-governmental entity on ability to pay funding strategies for a
riverfront Superfund cleanup in western Oregon.
Advised client on funding strategies and mediation with responsible parties for cleanup site
impacted by groundwater contamination located in California, worked with state water regulators
to come to a funding resolution for same.
Amassed and assessed one of the world’s largest metals and mining companies’ nearly 100 legacy
cleanup sites to evaluate liability risk exposure under CERCLA.
Assist agricultural client with resolving breach of lease claims against prior lessee through
arbitration relating to violations of the FIFRA; Pesticide Control Act, Hazardous Waste
Management Act, and RCRA.
Assisted in mediating and obtaining a favorable settlement for a dry-cleaner in defense of a
cost recovery claim made by a municipality after it condemned a portion of the dry cleaner’s
property during a road-widening project wherein it encountered hazardous substances attributable
to dry-cleaning operations. This involved successfully securing both indemnity insurance
coverage to compensate the dry cleaner for the deduction in “just” compensation received from
the municipality as a result of its condemnation of contaminated property, and successfully
securing defense insurance coverage for completing the remedial investigation and feasibility
study of the site even after the municipality's cost recovery action had been settled.
Successfully structured real estate lease of contaminated properties to mitigate the risks
associated with the contamination and advised prospective buyers and lenders relating to the
risks associated with the purchasing of, or lending on, contaminated properties for the
development of projects.
On behalf of multiple landowners and real estate developers, assisted in successfully obtaining
regulatory closure of petroleum and solvent sites throughout Washington and recovering remedial
action costs from liable parties as a result of brownfield redevelopment projects.
Successfully pursued cost recovery against former dry-cleaning operator on behalf of developer.
Evaluated arranger liability for a tugboat vessel at the Portland Harbor Superfund Site.
On behalf of a subsidiary to a publicly traded utility company, assisted in the remedial
investigation and evaluation of potential cost recovery strategies, and in insurance defense for
a multimillion-dollar legacy manufactured gas plant site subject to an Agreed Order on Consent
overseen by the US EPA.
Represented a Washington municipality in developing a funding and allocation strategy to
remediate a landfill formerly owned and operated by the municipality that was subject to an
Agreed Order overseen by the Washington State Department of Ecology.
Cost recovery lawsuit for remediation of cleanup from leaking heating oil pipes for mobile home
development in Alaska.
