Fred Lowther devotes his career primarily to the development of large energy and natural resource projects in the United States and abroad. He focuses his practice on domestic and international fossil and renewable energy projects, water supply projects and transactions, and general counseling of energy companies in all sectors of the industry. His work on water supply issues involves both structuring projects and litigating over water rights. He also focuses his practice on counseling companies in the energy technology sector.
Energy Project Development
Fred’s role as project counsel involves all aspects of project structuring, regulatory approvals, administrative and judicial litigation, financing, and general counseling for large projects and transactions involving natural gas production and transportation, liquefied natural gas (“LNG”), power generation, electric transmission, renewable energy, and water supply and treatment in the United States, Canada, Europe, and Asia.
From September 1998 to January 31, 2000, Fred served as in-house general counsel of KeySpan Corporation, a large New York and Boston-based utility company created by the merger of Brooklyn Union Gas, Long Island Lighting Company, and Eastern Enterprises. From February 2000 to 2009, he served as counsel to the chairman of KeySpan Corporation and National Grid U.S.
Business Transactions in the Former Soviet Union/Eastern Europe
In 1972, Fred served as a member of the U.S. Government Mission to negotiate the 1972 U.S.-U.S.S.R. Trade Agreement. From 1991 to 1998, he chaired the firm’s office in St. Petersburg, Russia. Since then, he has remained active in business matters in the former Soviet Union and Eastern Europe.
Water Projects
Fred is a cofounder, and has served as general counsel and a director, of Poseidon Water LLC, a water project development company engaged in the development of large-scale seawater desalination plants and other water supply projects in the United States.
Renewable Energy
Fred has been involved in transactions involving project development, project financing, and the direct and virtual purchase of renewable energy, primarily relating to large-scale onshore wind installations and small, medium, and utility-scale solar installations throughout the United States. Fred was a pioneer in development of Virtual Power Purchase Agreements for both wind and solar power. Fred also serves as project counsel for several green hydrogen projects in the United States. He is also involved in the development and financing of metered energy efficiency transactions.
Nuclear Energy
Fred represents several clients pursuing claims against the United States for the failure of the U.S. Department of Energy to commence removal of spent nuclear fuel from nuclear power plants, as required by the Nuclear Waste Policy Act of 1992. He continues to represent U.S. companies and communities in the efforts to develop a consent-based system for storage of nuclear waste in the United States.
