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Patrick
D.
Traylor
Partner, Washington, D.C.
patrick.traylor@hoganlovells.com
Patrick Traylor practices in the area of environmental law, with a particular focus on energy infrastructure, Clean Air Act compliance, litigation, and carbon trading.
Energy infrastructure. Patrick's practice is devoted largely to assisting clients navigate the environmental aspects of energy infrastructure development and operation. He has extensive environmental experience in the permitting and construction of new coal, gas, and renewable electric power generation, as well as oil, gas, and liquids pipeline systems. He also provides multimedia regulatory compliance advice to clients who operate and maintain these critical energy production, processing, and distribution systems.
Clean Air Act compliance. Patrick provides sophisticated Clean Air Act regulatory advice to a wide range of energy and industrial clients. His regulatory practice is marked by a resourceful ability to reconcile complex environmental, technical, and economic requirements with his clients' business objectives.
Litigation. Patrick is an experienced litigator, representing clients before federal courts, as well as administrative bodies. Environmental programs under which he has litigated include the Clean Air Act; the Clean Water Act; the Pipeline Safety Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Endangered Species Act. His litigation practice is distinguished not only by a robust pursuit of business-objective-driven offensive and defensive litigation, but also by skill in fashioning negotiated settlements where litigation risks prove economically unattractive.
Carbon trading. Patrick has been assisting clients with Kyoto Protocol-related project finance transactions since November 2004, and has developed one of the United States’ leading transactional climate change practices. He has advised environmental investment funds, commodities traders, and development banks with respect to $750 billion of Clean Development Mechanism (CDM) transactions. Patrick has a particular emphasis in assisting project financers to conduct thorough due diligence of the CDM projects and project participants’ business models, and in the structuring of financing transactions to mitigate regulatory, country, and carbon credit delivery risks.
Some of Patrick's prominent clients include AES Corporation, Duke Energy, DaimlerChrysler Corporation, Iberdrola Energias Renovables, Louis Dreyfus Holding Co., Inc., North American Development Bank, MarkWest Energy Partners, PSEG Fossil, and Sithe Global.
REPRESENTATIVE EXPERIENCE
As counsel for numerous international and domestic energy companies, Patrick has counseled clients on the development of over 5,000 MW of coal-fired, gas-fired, and renewables-driven energy projects.
As counsel for a Global 10 corporation, Patrick developed and implemented an air permitting strategy that facilitated the shutdown of a legacy plant and its replacement with a state-of-the-art manufacturing facility.
As counsel for a large Eastern U.S. utility company, Patrick managed the environmental components of more than $2 billion in equity and asset transactions, and has developed strategic environmental approaches to restructure merchant energy facilities.
As counsel for several large utility companies, Patrick managed the administrative, litigation, and settlement elements of the Environmental Protection Agency's (EPA) New Source Review (NSR) enforcement actions and related citizen suit challenges.
As counsel for several large utility companies nationwide, Patrick implemented a sophisticated NSR risk management program that aims to minimize the risk posed by the EPA's uncertain NSR program to utility maintenance projects.
As counsel for a large domestic energy company, Patrick managed the safe return to service of a pipeline that had failed catastrophically.
As counsel for Kyoto Protocol-related trading and project finance client, Patrick provides advice on all aspects of rapidly developing international emission credit trading.
As counsel for domestic importers of commercial tropical hardwoods, Patrick engages in offensive and defensive litigation under the Convention on International Trade in Endangered Species.
Hogan Lovells Publications
10 January 2012
"Environment Practice Secures Important Victory for Minnkota Power Cooperative." Environmental Alert, Hogan Lovells
10 January 2012
"Patrick Traylor serves as panelist at environmental forum." Environmental Alert, Hogan Lovells
May 2010
"Climate Change Newsletter." Climate Change Newsletter, Hogan Lovells
29 April 2010
"SEC Guidance on Climate Change Disclosures Emphasizes Need for Early Warnings." SEC Update, Hogan & Hartson LLP
Published Works
29 June 2011
"Energy Coal Policy in the 112th Congress: Objectives, Tools, and Compromises." American Coal, American Coal Council, Issue 1, 2011
26 July 2010
"Tailpipes and Smokestacks: The Impact of Climate Change Policies on Mobile and Stationary Sources of Greenhouse Gases." The Legal Impact of Climate Change, Leading Lawyers on Navigating New Laws, Avoiding Liability, And Anticipating Future Challenges for Clients, 2010 Edition, Aspatore Books
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