Markham A. Quehrn
Mark focuses his practice on energy, water resources and commercial development.
Mark Quehrn's areas of particular skill include project development, licensing, regulated industries, water law and commercial transactions. He assists clients in the development of all types of energy facilities and infrastructure projects and transactions, including energy projects, water supply and water resource projects and port and terminal facility developments in the United States and internationally, electric transmission lines and water supply projects and facilities.
Mark represents clients before the FERC and numerous other federal, state and local regulatory agencies. Substantive areas of experience include the Federal Power Act (FPA), Public Utility Regulation, the National and State Environmental Policy Acts (NEPA/SEPA), the Clean Water Act (CWA), the Endangered Species Act (ESA), Water Law and Indian Law.
Mark's project development experience includes representing developers in drafting, negotiating and closing engineering, procurement and construction contracts, project purchase and sale agreements, water supply agreements, power purchase agreements and interconnection agreements.
Education & Credentials
Education
- University of Michigan Law School, J.D., cum laude, 1982
- University of Washington, B.A., History and Political Science, summa cum laude, Phi Beta Kappa, 1977
Bar and Court Admissions
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Washington
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the Western District of Washington
Professional Recognition
Ranked by Chambers USA as “America’s Leading Lawyer” for Energy & Natural Resources, 2023-2024
Listed in The Best Lawyers in America: Energy Law; Environmental Law; Natural Resources Law, 2003-2024
Listed in Washington Law & Politics "Super Lawyers" 2007, 2009, 2011-2015
Impact
Professional Leadership
- National Hydropower Association
- Environmental Law Institute
- Washington State Bar Association
- American Bar Association
- Seattle King County Bar Association
Community Involvement
- Overlake Hospital Foundation and Auxiliaries, Board of Trustees
- Bellevue Chamber of Commerce, Board Member
Insights
News
Professional Experience
Facility Siting & Development
LNG and Coal Export Terminals
Representation of foreign investors in the acquisition of development rights and feasibility analysis for an LNG export terminal in the State of Washington. Representation of rail and coal export terminal developers in the acquisition of development rights and feasibility analysis for a coal export terminal in the State of Washington.
Energy Projects
- Representation of Puget Sound Energy in connection with Baker River, Snoqualmie and White River Hydropower Projects, Lake Tapps Water Supply, NW Washington Transmission Line Project, Talbot-Berrydale Transmission Line Project, Cougar Mountain Communications Tower Site and Mt. Erie Communications Tower Site.
- Representation of PG&E in connection with planning and development of interstate transmission facilities. Counsel involved Federal Power Act, Presidential Permits, Clean Water Act, Endangered Species Act, National Environmental Policy Act, National Historic Preservation Act, State Environmental Policy Act, Growth Management Act, Shoreline Management Act, water law, wetlands, zoning and permitting.
Water Rights
- Representation of Kinross Gold Corporation in connection with water rights and water resource development at Buckhorn Mountain Mine. Counsel involved water law and Clean Water Act.
- Representation of eastern Washington winery in connection with the acquisition and transfer of water rights.
Renewable Energy Projects
- Representation of Teanaway Solar Reserve in connection with development of 70 MW solar project. Representation of SDS Lumber Company in connection with leasing and permitting of Saddleback Wind Farm.
- Representation of Klickitat Energy Partners in connection with development of gas-fired cogeneration project. Counsel involved National Environmental Policy Act, Bonneville Power Administration, State Environmental Policy Act, Growth Management Act, zoning, subdivision and permitting.
- Representation of Klickitat Energy Partners in connection with development of gas-fired cogeneration project.
Plant Expansion
Representation of The Boeing Company in connection with development of Spares Distribution Center, Renton Plant Expansion and Auburn Plant Expansion. Counsel involved State Environmental Policy Act, Shoreline Management Act, Growth Management Act, zoning and permitting.
Commercial Transactions
Commercial Transactions
- Representation of Puget Sound Energy in connection with sale of Jefferson County service area, (electric), acquisition of the Buckley service area (gas), municipal franchises, Sound Transit Master Relocation Agreement and Wells turbine runner replacement. Counsel involved negotiation of asset purchase agreements, right-of-way use and occupancy agreements, franchise agreements, power purchase agreements and construction and development agreements.
- Representation of Renewable Energy Group, Inc, in connection with the acquisition of the Imperium Biodiesel facility and export terminal, Port of Grays Harbor, Washington.
EPC Contracts
Representation of Ormat Nevada Inc. in connection with Hot Sulphur Springs Geothermal Plant. Counsel involved negotiation of engineering, procurement and construction contracts. Representation of Ram Power in connection with turbine supply agreement and other project documents for San Jacinto-Tizate Geothermal project. Counsel involved negotiation of turbine generator supply agreement and engineering agreements.
Water Auction
Representation of the Town of Prescott Valley, AZ regarding regulatory issues and transaction documentation relating to water auction. Counsel involved negotiation of water right credit agreements and bid documents.
Water Agreements
Representation of Grays Harbor Energy in connection with negotiation of water supply agreements and water system lease agreements. Counsel involved negotiation of water supply agreements for generation facilities.
Wind Power Project
Representation of lenders in connection with development of wind power project. Counsel involved lender due diligence review of entitlements, construction agreements and power purchase agreements.
Cogeneration Facilities
Representation of Strategic Hotels & Resorts in connection with negotiation of master agreement for siting cogeneration facilities. Counsel involved negotiation of power purchase agreements for hotel and resort facilities.
Water Supply Agreements
Representation of Tacoma Water in connection with negotiation of wholesale water supply agreements. Counsel involved negotiation of wholesale water supply agreements for regional water supply.
Transactions Involving Indian Tribes
Tribal Transactions
Representation of Puget Sound Energy in connection with Electron Dam Resource Enhancement Agreement, Upper Skagit Cultural Resource Enhancement Agreement, Swinomish Cultural Resource Enhancement Agreement, Sauk-Suiattle Cultural Resource Enhancement Agreement, White River Water Management Agreement, Muckleshoot Settlement Agreement, and Snoqualmie Tribe v. FERC. Counsel involved treaty rights, fisheries, Endangered Species Act, water resources and water quality standards, natural resources damages, cultural resources consultation, American Indian Religious Freedom Act, and Religious Freedom Restoration Act.
Utility Regulation
Rates and Regulation
- Representation of Homer Electric Association, Inc. before the RCA in connection with transmission and retail rate cases in Alaska.
- Representation of Puget Sound Energy in interim and general rate cases; time-of-use pricing; tariff and compliance filings.
- Representation of intervenors before the Hawaii Public Utilities Commission in connection with NextEra Energy, Inc. proposed acquisition of Hawaiian Electric Industries.