Nixon Peabody LLP
Peter Trimarchi is counsel in the firm's Energy and Environmental practice group. He advises on all aspects of environmental law, with a particular focus on regulatory, enforcement, and transactional matters. He has extensive experience in project finance transactions, advising lenders and developers on the complex permitting and environmental issues arising in a wide variety of projects, including natural gas-fired power plants and renewable energy projects (solar, wind, ethanol, and geothermal). He also has substantial experience in both environmental and commercial litigation matters.
What do you focus on?
I help clients manage environmental risks and permitting challenges in the most efficient manner possible. I do this work in a variety of contexts, but most frequently in the following three areas:
I help project developers obtain environmental and land use permits applicable to their businesses. I also assist lenders with the detailed environmental and permitting due diligence required for complex project finance transactions. I have represented both lenders and developers in the permitting due diligence for solar and wind projects, ethanol production facilities and natural gas facilities. As the market for solar PV systems in New York has grown, I have assisted clients in the development and financing of those systems, representing both developers and customers in the negotiation of power purchase agreements, development services agreements and leases.
Acquisitions and divestitures
I perform environmental due diligence for transactions involving the acquisition and divestiture of real estate, renewable and conventional energy projects and businesses of every variety. I have conducted the environmental due diligence on facilities ranging from high-rise commercial buildings to major industrial facilities. As just one example, I recently represented a large yieldco conduct the environmental and land use due diligence for a portfolio of 11 utility-scale solar photovoltaic projects located in Utah and Florida.
I work with clients to help them remain in compliance with environmental laws. I help them anticipate upcoming regulations, interpret challenging regulatory requirements and, when necessary, represent them in enforcement proceedings. I have represented a major chemical manufacturer in connection with a joint EPA and DEC investigation into violations of the Clean Air Act and RCRA, helped a lead recycling facility improve their compliance with Clean Air Act requirements, and assisted a major automobile manufacturer obtain Clean Air Act permits for more than 60 dealerships throughout New York State.