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Dennis
Arfmann
Partner, Denver
dennis.arfmann@hoganlovells.com
Dennis Arfmann co-chairs Hogan Lovells' Global Climate Change and Clean Energy practice.
Dennis' distinguished career includes representing energy companies, refineries, and manufacturers in high-profile defense of citizen suits and EPA/state enforcement cases, as well as successful siting and permitting of controversial energy sources, enforcement investigations, and litigation throughout the United States. Dennis developed a special area of emphasis assisting clean, renewable distributed energy and smart grid companies. His pro bono highlights include representing The Nature Conservancy and the American Solar Energy Society. He served on the American Solar Energy Society Board of Trustees, the American Lung Association Board of Directors, and currently serves on the Board of Directors for the Bridge House Community Table for the homeless in Boulder, Colorado and the Board of Directors for the global Earth Day Network in Washington, D.C.
Dennis is a published author and frequent lecturer on Clean Air Act topics. Lectures include "Clean Reliable Energy – Increasing Distributed Generation,” Electric Utility and Environmental Conference in Phoenix, AZ (February 2012), "Clean Air Act Update-GHG Regulations," Colorado Bar Association (February 2011), "Nordic-US Clean Energy Symposium," U.S. Embassy, Helsinki, Finland (October 2010). Publications include editing The Colorado Lawyer Special Issue, "Climate Change & Clean Energy" (October 2011); and "The Regulatory Future of Clean, Reliable Energy: Increasing Distributed Generation" (October, 2011).
REPRESENTATIVE EXPERIENCE
- Represented Minnkota Power Cooperative and secured a major victory for the client in the U.S. District Court for the District of North Dakota on a U.S. Environmental Protection Agency (EPA) Clean Air Act New Source Review (NSR) enforcement initiative. We settled the NSR case with the EPA and the State of North Dakota with an NSR Consent Decree lodged in federal court in North Dakota. The EPA exercised its dispute resolution rights under the consent decree, and asked the federal district court in North Dakota to require Minnkota to install SCR. On December 21, 2011, the Court ruled against EPA in favor of Minnkota. In September 2011 EPA proposed a rule that would require Minnkota install SCR. After the December 2011 Court Order, EPA agreed not to require SCR in its final regional haze rule.
- Representation of Fortune 500 energy company in National Environmental Policy Act (NEPA) matter, including cutting edge Environmental Impact Statement air-related matters with the Bureau of Land Management, the EPA, states, and tribes.
- Representation of several large utilities in siting new coal and natural gas power plants, including Greenhouse Gas (GHG) permitting, Prevention of Significant Deterioration (PSD) permitting, NEPA and EPA advice, and transmission line siting issues.
- Representation of utilities, refineries, and cement plants in defense of the EPA's New Source Review enforcement actions.
- Representation of energy companies in expanding oil and gas development, including prevention of PSD permitting, NEPA consultation, endangered species act consultation, and National Historic Preservation Act consultation.
Hogan Lovells Publications
10 January 2012
"Environment Practice Secures Important Victory for Minnkota Power Cooperative." Environmental Alert, Hogan Lovells
May 2010
"Climate Change Newsletter." Climate Change Newsletter, Hogan Lovells
Published Works
February 2012
"Distributed Generation." Energy, Utility & Environmental Conference, Phoenix, AZ
October 2011
"The Regulatory Future of Clean, Reliable Energy." The Colorado Lawyer, Colorado Bar Association
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