Bringing more than a decade of high-caliber in-house experience at one of the Pacific Northwest’s largest utilities, Dustin leverages his extensive knowledge of hydropower and energy regulatory issues to help the firm’s energy sector clients effectively and efficiently navigate federal and state regulatory landscapes.

Dustin focuses on guiding clients through complex hydroelectric relicensing, license surrender, and license compliance processes before the Federal Energy Regulatory Commission (FERC) and other federal and state regulators. He is uniquely positioned to advise hydroelectric asset owners on high-stakes FERC hydropower proceedings, given his central role in navigating the successful FERC license surrender proceeding for the Lower Klamath Hydroelectric Project in California and Oregon, as well as the numerous state and federal regulatory requirements that applied to the largest dam removal effort in history. Working effectively with federal and state regulators, Native American Tribes, and other stakeholders, Dustin helped craft the legal, regulatory, and political strategies that delivered a balanced outcome, which included core utility business and customer protections, and resolved one of the nation’s most long-standing and intractable FERC hydropower proceedings on record.

Dustin also helps utility and independent power producers develop strategic plans for implementing fish passage solutions at existing hydropower facilities, as well as developing new energy projects, including pumped storage and other renewable energy initiatives. His ability to manage diverse stakeholder negotiations and settlements helps clients navigate multifaceted regulatory environments effectively.

In addition to his hydropower experience, Dustin has substantial experience advising utility clients on emerging issues associated with catastrophic wildfires. For years, he has worked closely with utilities across the West and utility industry groups to develop federal and state legislative strategies for mitigating the existential operational, financial, and legal risks utilities are facing due to catastrophic wildfires. His experience in developing legislative solutions and advising on policy matters helps clients mitigate risks and navigate that rapidly evolving regulatory landscape.

Dustin’s litigation background, including defending permits and approvals for generation and transmission projects and litigating environmental cost recovery claims, provides clients with robust legal representation in various forums. His ability to coordinate defense strategies and negotiate settlements that balance regulatory requirements and business objectives is a significant asset to clients facing complex legal challenges.

• Advised a six-state utility on a broad range of policy, energy regulatory, and environmental issues, with a particular focus on relicensing and compliance issues associated with hydroelectric assets across the West.
• Served as lead counsel for the executive team that developed the legislative, legal, and regulatory strategies resulting in the successful implementation of the Klamath Hydroelectric Settlement Agreement, resolving the largest dam removal project in history in a manner that met the utility-owner’s financial and other business objectives, and successfully ending one of the nation’s most complex and protracted FERC hydropower proceedings.
• Represented a multistate utility in multiple federal and state forums, including FERC, U.S. Court of Appeals for the D.C. and Ninth Circuits, Oregon Public Utility Commission, and California Public Utilities Commission.
• Led negotiations and settlement implementation with diverse stakeholders, including numerous Native American tribes, federal and state natural resource agencies, environmental advocates, and local governments.
• Led the legal team on a wide range of licensing and compliance issues related to hydroelectric assets, including resolving fish passage disputes under the Lewis River Settlement Agreement and advising on regulatory strategies for potential pumped storage projects.
• Served as lead policy counsel on efforts to develop federal and state legislative solutions to mitigate the operational and financial risks utilities face with respect to wildfires.
• Provided litigation support in various proceedings, including coordinating the defense of a class action lawsuit alleging trespass and unjust enrichment related to fiber optic communication cables and successfully settling citizen suits arising under California’s Proposition 65.
• Provided advice on a wide range of regulatory and operational matters, including proceedings before the Bonneville Power Administration, Superfund, Tribal relations, property rights and rights-of-way, service territory allocations between utilities, and customer-facing incentive programs.
• Represented a Fortune 50 company in Bonneville Power Administration rate and contract proceedings, including administrative litigation and appeals before the U.S. Court of Appeals for the Ninth Circuit.
• Successfully defended permits and approvals for generation and transmission projects in state and federal court, briefing issues under the Clean Air Act, the National Environmental Policy Act, the Washington State Environmental Policy Act, the Federal Land Policy and Management Act, and the National Historic Preservation Act.
• Litigated environmental cost recovery and contribution claims in state and federal court, including briefing at the U.S. Court of Appeals for the Eighth Circuit and negotiating a multiparty settlement involving the sale of an active Superfund site.