Lauren Bachtel

As a former U.S. Department of the Interior and American Wind Energy Association lawyer, Lauren assists clients with navigating complex environmental permitting, compliance and regulatory issues across all types of projects and transactions, spanning project development, financings, and mergers and acquisitions. Lauren closely tracks proposed and final environmental regulatory changes and advises clients on current and forthcoming requirements and risks.

Lauren is the lead of the U.S. Environmental, Social and Governance (ESG) team. She has significant experience assisting clients with tracking and complying with existing and incoming U.S. federal and state ESG laws, policies, programs and initiatives, which includes environmental justice and broad climate and carbon laws, policies and programs. Lauren also has significant experience advising on international environmental and social standards and risk management systems in the context of major energy and infrastructure project financings, such as the World Bank Environmental and Social Framework, IFC Performance Standards on Social & Environmental Sustainability, Equator Principles and OECD Guidelines for Multinational Enterprises.

Lauren is Chair of the ABA SEER Diversity, Equity, Inclusion and Belonging Committee and an active member of the LGBTQ+ Bar.

Work highlights

ESG

• Major energy and infrastructure projects: advising on the application of international environmental and social standards and risk management systems in the context of major energy and infrastructure project financings, including a recent US$700M loan into a South American LNG facility and US$308M loan for an expansion of an operational container terminal in Colombia.
• Multiple large multinational financing clients: preparing internal ESG guidelines and policies that comply with applicable international ESG guidelines and standards, including the Equator Principles, IFC Performance Standards, World Bank Group guidelines and/or OECD Common Approaches; and providing the clients with internal trainings on such guidelines and policies.
• Global financial institutions: advising on U.S. ESG federal and state legislation, regulation and litigation trends.

Project Development, Financing, and M&A

• Renewable energy investors: advising on environmental permitting, compliance, and regulatory risks and requirements for energy projects, including solar, onshore and offshore wind and carbon capture and sequestration projects; tracking proposed and final regulatory changes and advising clients on the risks for specific projects; modifying transactional documents to minimize the risks.
• Project developers: assisting with identifying and obtaining all necessary environmental permits and authorizations for energy and industrial projects.
• CCUS sponsors: assisting with preparing Class VI permit applications for carbon sequestration projects; analyzing permitting and regulatory risks associated with CCUS projects based on permitting regime and state liability structures.

Offshore Wind

• Leading Light: advised Elia Group SA/NV on its acquisition, through Elia Group’s wholly-owned subsidiary WindGrid USA LLC, of a 35.1% stake in energyRe Giga Projects, a subsidiary of energyRe LLC, the proceeds of which will be used to fund renewable U.S. transmission and energy generation projects.
• NY Developer: advised on:
  • Preparation of successful New York OREC proposal, which included advising on, among other things, project schedules, permitting plans, interconnection plans, Jones Act compliance, OEM strategies and term sheets, port strategies and leases, and compliance with federal and state laws.
  • the negotiation of the OREC Purchase and Sale Agreement with the New York Public Service Commission, which included specific provisions for ITC tax benefits, interconnection requirements, and national and local content requirements.
  • Term sheet negotiation of Preferred Supply Agreements for turbine and blade manufacturers.

Governance Experience

• Bureau of Land Management (BLM): advised on a range of issues, including:
  • rights of way, easements and special use permits for associated energy leases
  • the administration’s policy directions for various onshore natural resource extraction matters
  • appealing oil and gas and coal leasing decisions to the Interior Board of Land Appeals and working with DOJ to represent BLM in the associated federal litigation
  • National Historical Preservation Act consultations for leasing decisions
  • CERCLA matters on federal lands and worked with DOJ to represent BLM in associated federal litigation.
• BLM and the Forest Service: advised on project leases that crossed multiple federal jurisdictions, which included joint environmental reviews and decisions.

Activities

• Chair, American Bar Association’s Section of Environment, Energy and Resources (ABA SEER), Diversity, Equity, Inclusion and Belonging Committee
• Active member of the LGBTQ+ Bar
• ABA SEER, Leadership Development Program, 2020
• Communications Vice-Chair, American Bar Association SEER In-House Counsel Committee

Additional work highlights

ESG

• U.S. trade associations: conducting ESG and environmental permitting and compliance webinars and trainings to help members stay informed on recent federal or state changes.

Project Development, Financing, and M&A

• Industrial investors: advising on environmental permitting, compliance, and regulatory risks for industrial projects, such as chemical manufacturing facilities; tracking proposed and final regulatory changes and advising clients on the risks for specific facilities; modifying transactional documents to minimize the risks.
• Multiple clients and trade associations: assisting with tracking environmental and permitting federal and state statutory and regulatory changes, advising on potential implications, and drafting public comments to help shape such changes; assisting with collaborating with federal and state agencies to help shape applicable laws and policies.

Offshore wind

• NJ Developer: advising on preparation of its successful New Jersey OREC application, which included advising on, among other things, the New Jersey State Agreement Approach for interconnection, environmental permitting requirements and risks from the state-designated landing location, project schedules, Jones Act compliance, OEM strategies and term sheets, local economic benefit requirements, and compliance with federal and state laws.
• Carolina Long Bay: assisted developer with understanding the BOEM auction and leasing process, preparing its bidding strategy, preparing its conceptual strategy to utilize bidding credits in the Carolina Long Bay auction, and competing in the Carolina Long Bay auction.
• Carolina Long Bay: advised on environmental and permitting risks associated with offshore wind development in the Carolina Long Bay; assisted with legal requirements concerning survey plans, Site Assessment Plan and Construction and Operation Plan.
• Coastal Virginia Offshore Wind: represented lender on multi-billion-dollar deal-contingent hedge, which included advising on federal and state permitting and environmental risks and Jones Act compliance risks.
• Vineyard Wind Partnership Flip Tax Equity Financing: assisted a bank with understanding environmental and permitting risks associated with the Vineyard Wind project; tracking and analyzing the environmental and project risks from the ongoing challenges to the project; and preparing the term sheet and transactional documents to minimize the environmental risks.
• NY Bight Passive Investor: assisted passive investor with understanding the BOEM auction and leasing process; assessing the environmental risks and permits associated with offshore wind development in the NY Bight; and preparing a Joint Bidding Agreement and MIPA and LLCA structure that minimized auction and environmental risks.
• Various developers: advising on federal and state statutes, regulations and policies for U.S. offshore wind competitive auctions, leases and development

Government experience

• BLM and the U.S. Fish & Wildlife Service (FWS): advised on Endangered Species Act (ESA) consultations for leasing decisions.
• Bureau of Indian Affairs (BIA): advised on leasing and realty (rights of way, easements and special use permits) matters on tribal lands.
• BLM and the BIA: represented in bankruptcy proceedings.
• National Park Service (NPS): advised on land disputes and on matters concerning the Wilderness Act and the Wild and Scenic Rivers Act.

Lauren received a Juris Doctor, magna cum laude, from Pace University School of Law, where she served as Editor-in-Chief of the Pace Environmental Law Review. She received a Bachelor of Arts degree from Smith College. 

Lauren is Recommended for Environment: Litigation by the Legal 500 United States, 2021.

Articles 

• “U.S. Offshore Wind Development: 2023 Year in Review and Looking Ahead,” Newsletter, March 08, 2024.
• “U.S. Offshore Wind Development: 2022 Year in Review and Looking Ahead,” Newsletter, February 07, 2023.
• “Reclassification of the Northern Long-Eared Bat May Impact Project Development,” Legal Update, February 03, 2023.
• “U.S. BOEM Proposes Modernized Offshore Wind Regulations,” Legal Update, January 17, 2023.
• “U.S. BOEM Announces Provisional Winners of California Offshore Wind Auction,” Legal Update, December 08, 2022.
• “U.S. BOEM Announces 8 Proposed Areas for OSW in the Central Atlantic,” Legal Update, November 17, 2022.
• “U.S. BOEM Finalizes Offshore Wind Energy Areas in Gulf of Mexico,” November 01, 2022.
• “U.S. BOEM Announces First Offshore Wind Auction Off California,” Legal Update, October 19, 2022.
• “U.S. BOEM Issues Final Environmental Review for Offshore Wind Area Off Central California,” Legal Update, October 06, 2022.
• “Pratt’s Energy Law Report,” LexisNexis, October 2022.
• “CCUS: Texas Takes Steps Toward Class VI Primacy,” Legal Update, September 13, 2022.
• “Offshore Wind and the U.S. Inflation Reduction Act,” Legal Update, August 19, 2022.
• “California Increases Offshore Wind Development Goals,” Legal Update, August 04, 2022.
• “Biden Administration Takes Action to Accelerate Offshore Wind in Gulf of Mexico and Southeast,” Legal Update, July 21, 2022.
• “Carbon Capture Utilization and Storage: U.S. Federal Guidance for Carbon Storage on Public Lands,” Legal Update, June 30, 2022.
• “U.S. Gulf of Mexico Offshore Wind — Louisiana and Federal Updates,” Legal Update, June 23, 2022.
• “Carbon Capture, Utilization and Storage: Class VI Wells and U.S. State Primacy,” Legal Update, June 09, 2022.
• “Biden Administration Proposes First-Ever California Offshore Wind Lease Sale,” Legal Update, May 27, 2022.
• “California Sets Aggressive Offshore Wind Target,” Legal Update, May 11, 2022.
• “U.S. BOEM Announces Provisional Winners of North Carolina Offshore Wind Auction,” Legal Update, May 11, 2022.
• “U.S. BOEM Issues Final Environmental Review for Offshore Wind Area Off Northern California,” Legal Update, May 06, 2022.
• “U.S. Offshore Wind — Financing Considerations and Development Challenges,” Article, May 05, 2022.
• “U.S. BOEM Issues Calls for Information and Nominations for Offshore Wind Areas in Central Atlantic and Offshore Oregon,” Legal Update, April 28, 2022.
• “Carbon Capture Sequestration Utilization and Storage Projects and U.S. Federal Environmental Laws,” Legal Update, April 22, 2022.
• “U.S. offshore wind challenges,” PFI, April 2022.
• “U.S. BOEM Announces North Carolina Offshore Wind Auction,” Legal Update, March 28, 2022.
• “Offshore Wind Interconnection Process and Cost Considerations,” Bloomberg Law, March 21, 2022.
• “New Jersey Delays Its Next Offshore Wind Solicitation for Transmission Planning,” Legal Update, March 07, 2022.
• “U.S. BOEM Announces Provisional Winners of Massive Offshore Wind Auction,” Legal Update, February 25, 2022.
• “U.S. Offshore Wind Development: 2021 Year in Review and Looking Ahead,” Newsletter, February 17, 2022.
• “Louisiana Proposes 5 GW of Offshore Wind for Gulf of Mexico,” In Brief, February 08, 2022.
• “U.S. BOEM Announces Massive Offshore Wind Auction and Much More,” Legal Update, January 14, 2022.
• “NY Announces $500 Million Offshore Wind Investment and 2022 Procurement,” In Brief, January 07, 2022.
• “The Law off the Land: Why Offshore Wind Developers, Utilities and Investors Should Give Early Consideration to Environmental Law Risks,” North American Clean Energy, January 2022.
• “MD and MA Award 3.2 GW of New Offshore Wind Capacity,” In Brief, 2021.
• “Interior Department: Area Offshore Central California Officially Designated for Offshore Wind Energy Development,” In Brief, November 16, 2021.
• “Interior Department: Three Milestones for Offshore Wind Energy Development in the Atlantic and Gulf of Mexico,” Legal Update, October 29, 2021.
• “Navigating Environmental Justice Issues in Federal Permitting,” ABA SEER Fall 2021 Newsletter, Fall 2021.

News

• “NPM Interconnections — Episode 36: J. Paul Forrester & Lauren Bachtel,” New Project Media, June 02, 2022.