Dustin Charles Elliott

Associate | Washington D.C.

delliott@mofo.com | (202) 887-1506

delliott@mofo.com
(202) 887-1506

Dustin Elliott’s practice focuses on environmental and energy law. He has particular experience advising clients on the intersections of natural resource, renewable energy, and climate change law and policy.

In addition to counseling clients on regulatory, litigation, and transactional matters involving project development, power procurement, and clean energy deployment, Mr. Elliott also has experience advising project developers on permitting and litigation under the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), California Environmental Quality Act (CEQA), Clean Water Act (CWA), and other natural resource statutes. His environmental and natural resource law experience covers a variety of industries, including energy, transportation, water, mining, and agriculture. He is experienced in local, state, federal, and international laws, regulations, initiatives, and programs to promote the development of utility-scale solar and wind, energy efficiency, energy storage, and distributed generation clean energy resources. On the energy regulatory front, Mr. Elliott counsels clients on compliance and regulatory issues associated with the Federal Power Act (FPA) and the Public Utility Regulatory Policies Act (PURPA). Mr. Elliott represents clients before a host of federal and state regulatory agencies, including without limitation the Department of Interior, Department of Energy, Federal Energy Regulatory Commission, Environmental Protection Agency, California Air Resources Board, California Energy Commission, and the California Public Utilities Commission.

Mr. Elliott has significant experience negotiating and drafting project-related contracts, including the environmental and energy provisions of purchase and sale agreements for the acquisition of both renewable and traditional energy projects. Mr. Elliott regularly leads environmental, natural resource, and regulatory due diligence efforts in support of a wide variety of transactions, including mergers, stock purchases, asset transactions, and joint ventures.

Mr. Elliott received his J.D. in 2014 from the University of Virginia School of Law, where he was the managing editor of the Virginia Environmental Law Journal and a recipient of the Thomas Edward Ryals Scholarship. In addition to his expertise on domestic energy and environmental policy, Mr. Elliott has also studied natural resource and sustainability policy in New Zealand, Fiji, and Madagascar. He is also a 2017 Fellow of the Clean Energy Leadership Institute.

Some of his representative matters include:

ENERGY REGULATORY & LITIGATION COUNSELING

  • Represented trade organization in FERC proceeding opposing DOE’s 2017 NOPR on grid reliability and resilience.
  • Litigated energy efficiency, distributed energy resources, energy storage, and integrated energy resource planning issues before state public utility commission in a variety of proceedings.
  • Counseled leading tech company on FERC and PURPA issues relating to company-owned renewable energy assets.
  • Prepared market-based rate authorization applications and exempt wholesale generator self certification notices on behalf of renewable energy developers and project financiers.
  • Counsel investors and utilities on clean energy and climate policy factors impacting California utilities.
  • Advise renewable energy power companies on regulatory, legislative, and policy developments related to Community Choice Aggregators (CCAs).

NATURAL RESOURCE LITIGATION & DISPUTE RESOLUTION

  • Successfully defended development of 250-MW solar project in California challenged by plaintiffs alleging violations of species permitting (ESA, CESA), wetlands permitting (CWA), and environmental review (NEPA, CEQA) requirements.
  • Represented The Wine Group, Inc., and Constellation Brands in a lawsuit involving a farming and agricultural practices on 900-acre California vineyard and a claim for $24 million in damages.

ENVIRONMENTAL & ENERGY TRANSACTIONS

  • Negotiated and drafted airport terminal lease between Port Authority of NY & NJ, airline coalition, and terminal operator.
  • Negotiated and drafted environmental and indemnity provisions of purchase agreement of semiconductor manufacture facility in upstate New York.
  • Led natural resource and environmental diligence efforts and drafted environmental provisions for purchase and finance agreements of utility-scale solar and wind projects in California, Oregon, Texas, New York, and Massachusetts.

ENVIRONMENTAL COMPLIANCE & ENFORCEMENT COUNSELING

  • Advised Bay Area biotech company on regulatory and policy framework for sea-level rise mitigation requirements relating to coastal campus developments.
  • Counseled nationwide gas station operator on litigation and permit streamlining options regarding CARB certification of vapor control technology.
  • Counseled airline on legal and regulatory implications of city annexation of county airport property.
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