Howard E. Susman

Experience

Howard E. Susman is a partner in the firm's renewable energy practice group, and Chair of its Solar Initiative. Now serving developers and operators of wind and solar projects, Howard has represented wind clients in every phase of project development, operation, and transfer since the industry's inception in the early 1980s. With a national reputation as one of the leading lawyers involved in that industry, Howard has represented clients in both transactional and litigation matters. His experience extends to all elements of renewable energy including real estate and environmental matters, equipment performance and project operations, consulting and business relationship matters, insurance coverage, and complex business litigation.

Partner, Duckor Spradling Metzger & Wynne (2001-2005); Hillyer & Irwin (1982-2000), managing partner (1996–1999); attorney, Pacific Legal Foundation (1979-1981).

Representative Transactions

• Joint venture agreements for development of 45MW and 60Mw California wind energy projects and leases for project sites
• Agreements for construction, financing, sale, and operation of 136Mw and 262Mw Washington wind energy projects and associated transmission and interconnection facilities
• Power purchase agreements and site leases for multi-user/multi-tenant distributed generation photovoltaic projects
• Agreements for design, construction, financing and operations of 10Mw and 20Mw utility scale photovoltaic projects

Representative Litigation

• Defense of wind project developers' permits against challenge on grounds of inadequate analysis of downwind effects in environmental impact reports
• Defense of actions for infringement of patents for variable speed wind turbine technology in U.S. International Trade Commission and US District Court
• Representation of wind project owners in actions to enforce warranty and property insurance following wind turbine manufacturers' inability to repair multiple and serial defects

Professional and Community Activities

• Past President and Director, Association of Business Trial Lawyers of San Diego
• Member, California and American Wind Energy Associations
• Member, San Diego County Bar Association
• Certified Mediator
• Member, UCSB Crew Alumni Association; Leader, Regional Father/Son Group Program, 2005, Encinitas YMCA

Professional Honors & Activities

• Selected as one of "America's Leading Lawyers for Business" (Nationwide) by Chambers USA (currently: Projects: Renewables & Alternative Energy), 2009-2010 

Presentations and Publications

• "Renewable Energy Development, Environmental Protection, and The Process Which is Due," Bren School of Environmental Management Lecture, UC Santa Barbara, 2010
• "Wind Advisory (Site Control for Wind Projects)," Los Angeles Lawyer, January, 2008
• Chair, Solar Project Development Tutorial, San Diego, 2007, 2009
• "The Role of Key Project Contracts," Renewable Energy Project Finance Seminar, New York, 2007, San Diego, 2006, 2008
• "Working Effectively and Efficiently With Your Lawyers," Windpower 2005, Denver, 2005
• Application of the Anti-SLAPP Statute to Malicious Prosecution, ABTL Reports, 2002
• "Mediating Business Cases", Association of Business Trial Lawyers Annual Seminar, 2000
• "Litigation Consulting and Expert Testimony", UCSD Extension, 1992, Institute of Management Consultants, 1997
• "Site Acquisition and Successful Landowner Relationships", Windpower '95, Wash., D.C., 1995

Education

• University of California at Santa Barbara, B.A. Environmental Studies, 1975
• University of San Diego, J.D., 1979

Admissions

• California
• U.S. District Courts, California, Colorado
• U.S. Courts of Appeals, 9th Circuit and Federal Circuit

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