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Kenneth J. Sheehan
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Ken advises clients on regulatory, legislative and transactional issues associated with initiatives involving highly regulated utilities, including clean and solar energy, electric and gas, solid waste, water and wastewater, and cable and telecommunications.

His broad-based experience in both the public and private sectors has provided him with a deep understanding of public utility law and administrative law, which throughout his career has informed his representation of clients ranging from public utilities to the developers of commercial and community solar projects.

Ken has notably served in numerous significant roles at the New Jersey Board of Public Utilities (BPU), including as Director of the Division of Clean Energy, Chief of Staff and Chief Counsel. His responsibilities in these positions encompassed advocating for the business sector and local government communities as Ombudsman, developing and implementing clean energy and other emerging technology policy, supervising the BPU's internal legal division, and negotiating multi-billion dollar matters on behalf of the State. 

In private practice, Ken has represented clients before state and federal regulatory entities including the BPU, the New Jersey Department of Environmental Protection, the New Jersey Division of Community Affairs, the Federal Energy Regulatory Commission, and the Federal Communications Commission. In addition, he has successfully defended clients in New Jersey at the trial, appellate and Supreme Court levels, as well as before federal Circuit Courts and as amicus curiae before the U.S. Supreme Court.

Results may vary depending on your particular facts and legal circumstances.

Bar Admissions

  • New Jersey, 1997
  • U.S. District Court, District of New Jersey, 1998
  • U.S. Court of Appeals, Ninth Circuit, 2008
  • U.S. Court of Appeals, D.C. Circuit, 2009

Education

  • Rutgers University School of Law-Newark, J.D., 1997
  • St. Peter's College, B.A., summa cum laude, 1994

Clerkships

  • Former law clerk to The Honorable Arthur N. D'Italia, Superior Court of New Jersey, Hudson County

Representative Matters

  • Supported lead counsel in representing a west-coast based national renewable power company in securing New Jersey’s first waiver permitting solar development in the Pinelands Preservation Area, enabling construction of a landfill-based solar and storage facility following NJBPU, NJDEP, and Pinelands Commission approval.
  • Represented a North American developer of utility scale solar power plants as New Jersey counsel in connection with regulatory approvals for utility-scale solar projects on brownfields and landfills, including proceedings before the NJBPU, related trial and appellate litigation concerning renewable energy incentives, and legislative and regulatory compliance matters for projects totaling approximately $38 million in capital expenditures.
  • Representing the developer and lender in the planning and development of an AI data center and on-site energy generation facility in southern New Jersey, providing regulatory, land use, environmental, leasing, real estate and energy law counsel. Contributing to proactive community engagement and supporting local, state, and utility approvals and permitting for a large-scale, infrastructure-intensive $1.7 billion project investment.
  • Representing L’Oréal USA in a national real estate and environmental engagement, the firm is providing support in the development and operation of large-scale renewable energy projects, including negotiation of long-term energy services agreements, community solar arrangements, and utility compliance for facilities in multiple states. Recent work includes advising on the development and opening of the client’s flagship New Jersey Research & Innovation facility, featuring an onsite solar microgrid, battery storage, EV charging infrastructure, and peak-shaving controls.
  • Supporting lead counsel in advising Lightstar Renewables on the development of agrivoltaics, community solar, and grid-supply projects in New Jersey and the Northeast, including site acquisition, permitting, interconnection, incentive eligibility, financing, and power purchase agreements, with capital investments exceeding $100 million.
  • Representing a publicly traded telecommunications company and its affiliates in developing a landfill-based community solar facility in Voorhees, securing NJDEP, NJBPU, and utility approvals and managing complex interconnection and waste-law compliance issues.
  • Advising Fairleigh Dickinson University on competitive procurement and negotiation of electricity and natural gas supply agreements for multi-campus operations, including management of annual energy auctions and supplier contracts.
  • Representing a global 501(c)(3) organization dedicated to the advancement of zero-emission vehicle and infrastructure technology in evidentiary proceedings before the NJBPU, advocating for policies supporting electrification of commercial and heavy-duty vehicle transportation and related incentive programs.
  • Advising the owner of a 52-acre tract of farmland located in Lebanon in negotiating long-term ground leases for a 12 MW grid-supply solar facility, including structuring lease terms, due diligence periods, and risk allocation provisions.
  • Serving as New Jersey regulatory counsel to the largest solar community services provider in the Northeastern United States in connection with community solar program compliance, subscriber agreements, disclosure documents, and consumer protection requirements following a major industry merger.

 

Memberships

  • New Jersey State Bar Association: Corporate Sustainability, Cleantech, and Climate Change Special Committee, former Co-Chair; Public Utility Law Section, past Director
  • Commercial Real Estate Development Association, New Jersey (CREDA NJ)
  • Energy Bar Association

Of Interest