Wind and Solar Permitting: Federal Agency Delays, Litigation, and Project Development Risk

Ms. Dawson counsels clients in navigating the range of federal environmental and climate-related laws and regulations, helping them comment on and litigate agency rulemakings, pursue federal approvals, and defend against enforcement actions. In addition to administrative rulemaking advocacy, she has briefed and argued these issues in federal courts around the country, from the U.S. Court of Appeals for the D.C. Circuit to the Western District of Washington. Ms. Dawson's practice also offers clients legal guidance on a broad range of ESG and sustainability issues. Her prior experience includes over five years at the Environment & Natural Resources Division of the U.S. Department of Justice, where as a trial attorney in the Environmental Defense Section she gained invaluable insight into agency policies, procedures, and thought processes. Ms. Dawson is a partner in the Environment and Natural Resources Group in Crowell & Moring’s Washington, D.C., office, a leader of the firm’s global ESG Advisory Team, and chair of the firm’s Sustainability Committee. She also maintains an active pro bono practice, currently focusing on asylum for diverse applicants facing persecution in their home countries.

Mr. Kaplowitz focuses his practice on environmental regulatory, policy, contractual, due diligence, and litigation matters related to renewable energy development. With extensive experience in both the public and private sectors, he has a deep understanding of what it takes to guide major clean energy infrastructure projects through the federal permitting process and survive judicial review — including issues arising from the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Bald and Golden Eagle Protection Act (BGEPA), Clean Water Act (CWA), and Outer Continental Shelf Lands Act (OCSLA). Mr. Kaplowitz previously served as vice president for offshore wind at the American Clean Power Association (ACP), where he led ACP’s offshore wind advocacy efforts, working to advance the organization’s policy, legislative, and regulatory priorities for offshore wind, with a particular emphasis on advocating for permitting reforms before a wide range of federal agencies and Capitol Hill. He also facilitated ACP’s collaboration with state and local governments, stakeholders, and the public.