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Thomas C. Jensen

Partner

Thomas C. Jensen

Tom is a nationally recognized practitioner in natural resources and environmental law.

Thomas Jensen provides litigation and regulatory counsel as well as legislative and executive branch advocacy to clients in the environment, energy, and natural resources sectors. He assists clients involved with energy and water pipelines, electric transmission projects, transportation facilities, hydropower and other energy generation assets, and other capital-intensive infrastructure projects. Tom currently serves as lead outside regulatory and litigation counsel to a major interstate electric transmission project and a major interstate natural gas pipeline project, and also recently led the successful permitting and siting effort for a 500 kV interstate electric transmission project. 

Tom’s clients span the business, government, and nonprofit sectors, reflecting his credentials in both the legal industry and the public sphere. He served as majority counsel to the U.S. Senate Committee on Energy and Natural Resources and was the associate director for natural resources on the White House Council on Environmental Quality. He has also written numerous pieces of legislation that have been enacted into federal law and has published and lectured widely in the field. 

Developers of innovative energy projects and environmental initiatives seek Tom’s insight into protected natural and cultural resources, public lands and marine areas, takings law, and the National Environmental Policy Act. Tom leads teams involved in siting; property and right-of-way acquisition; federal, state, tribal, and local permitting; settlement negotiations; and litigation. 

Education & Credentials

Education

  • Lewis & Clark Law School, J.D., 1983
  • University of Southern California, B.A., History, 1980

Bar and Court Admissions

  • District of Columbia
  • Supreme Court of the United States
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Western District of Wisconsin

Related Employment

  • Holland & Hart LLP, Washington D.C., Partner, 2012-2019
  • SNR Denton, Washington D.C., Partner, Chairman of Firmwide Committee on Sustainability, 2004-2012
  • Troutman Sanders LLP, Washington D.C., Partner, 1997-2004
  • White House Council on Environmental Quality, Washington D.C., Director for Natural Resources, 1994-1997 

Professional Recognition

  • Who’s Who Legal: Environment

  • Listed in Legal Leaders: Washington D.C. & Baltimore’s Top-Rated Lawyers

  • Martindale-Hubbell®, AV Preeminent® Rating(AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)

  • First Distinguished Environmental Law Graduate, Lewis & Clark Law School

Impact

Professional Leadership

  • Klamath River Renewal Corporation, Director
  • Arlington County Board, Economic Commission, Member
  • Washington, D.C. Bar Association, Member
  • Energy Bar Association, Member
  • Lewis & Clark Law School, Alumni Board, Member
  • The Peregrine Fund Board, Member

Professional Experience

Experience

Cardinal-Hickory Creek Transmission Project

Lead litigation and regulatory counsel to co-owners of 345 kV transmission project in Iowa and Wisconsin, including defense of federal permits and approvals from NEPA, Refuge Act, Endangered Species Act, and Clean Water Act claims by environmental plaintiffs.

Mountain Valley Pipeline

Litigation and regulatory counsel to interstate natural gas pipeline owner and developer on federal and state siting and permitting, including approvals required from the Federal Energy Regulatory Commission, U.S. Forest Service, National Park Service, Advisory Council on Historic Preservation, U.S. Fish and Wildlife Service, Bureau of Land Management, and Corps of Engineers. Oversight of response to federal appellate and Supreme Court litigation challenging Natural Gas Act, Mineral Leasing Act, and National Forest Management Act approvals.

Offshore Wind Energy

Provide regulatory, policy and corporate counsel to leading international developer of deepwater wind energy facilities in the U.S. and overseas.  

Susquehanna-Roseland Transmission Project

Lead outside project counsel to the utilities that developed and own the Susquehanna-Roseland 500 kV transmission project, a high-voltage transmission line that crosses three units of the National Park System. This engagement involved siting-related regulatory issues, EIS preparation, endangered species, Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act compliance, cultural resource consultations, government affairs, communications, negotiation of a comprehensive mitigation strategy, and oversight of engineering and resource consultants.*

NEPA and ESA Compliance

Counsel to a leading investor-owned electric utility on NEPA and ESA compliance related to transmission and distribution system construction and expansion, including matters involving conservation of the northern long-eared bat.*

Conservation Banking for Protected Species

Regulatory and strategic counsel to a leading investor in conservation banking for protected species.*

International Marine Shipping Company

Represented a major international marine shipping company in a successful appeal to the U.S. secretary of commerce under the Coastal Zone Management Act (CZMA), challenging Puerto Rico's rejection of the company's application for permits to expand its shipping terminal.*

Land Exchange Negotiations

Represented a major utility in negotiating a land exchange with the Department of the Interior.*

Treaty Rights, Water Law, and Federal Power Act Compliance

Served as lead outside counsel to an Indian tribe seeking redress for harms inflicted by a Corps of Engineers dam and private hydropower project; work involved cutting-edge legal strategies in the areas of treaty rights, water law and Federal Power Act compliance.*

Relicensing of Hydropower Assets

Represented one of the nation's largest municipal utilities on the relicensing of its principal hydropower assets.*

Convention on International Trade In Endangered Species (CITES)

Represented a leading international clothing and fashion company as counsel on compliance and enforcement strategies under the Convention on International Trade in Endangered Species (CITES).*

FERC-Regulated Pipelines

Represented real estate development interests affected by proposed construction of FERC-regulated pipelines.*

Federal Environmental and Safety Permitting

Represented pipeline trade associations on development of policy for coordinated federal environmental and safety permitting.*

Federal Environmental Regulations and Procedures Compliance

Post-natural disaster counsel to electric and gas utilities on emergency measures for compliance with federal environmental regulations and procedures.*

Endangered Species Act Permitting and Compliance

Served as regulatory counsel to national and regional commercial construction companies on ESA permitting and compliance strategies, including ESA compliance for the northern long-eared bat.*

Hydropower Licensing

Represented licensees and stakeholders in the hydropower licensing process at the Federal Energy Regulatory Commission, including two unusual competitive relicensing efforts.*

Mining Company Counsel

Counsel to a leading mining company on national monument designation, federal public land permitting and candidate species conservation strategies, including sage-grouse. Siting, NEPA, and endangered species counsel to Great Plains-area electric transmission project developer.*

Mining Company Counsel

Served as lead outside counsel to the world's leading gold mining company in negotiation of a precedent-setting sage-grouse conservation bank with regulatory assurances under FLPMA and the ESA.*

 

*Prior Experience

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