United Tribes ) Michigan - Little Traverse Bay Bands of Odawa Indians

INDIAN NATIONS
Energy
Godfrey & Kahn, a Wisconsin-based general practice business firm of approximately 180 lawyers, is a recognized
regional leader in the field of energy law, representing a wide variety of clients on both state and federal energy law
issues. We regularly represent clients before the Wisconsin Public Service Commission and the Federal Energy
Regulatory Commission on regulatory rate cases and other matters. We assist clients on a wide variety of other energy
matters, including negotiation of power purchase agreements, development of individualized energy tariffs,
negotiation of energy facility purchase and sale agreements, energy development finance, development of energyrelated
legislative and regulatory reforms, certification and sale of green energy credits, and development of green
energy generation projects (wind, biomass, forest waste, solar).
The State of Wisconsin recently hired Godfrey & Kahn to assist with the evaluation, selection and purchase of
renewable energy to meet the mandate that renewable energy comprise at least 10% of the usage by state facilities.
Our services included evaluation of proposals from potential energy providers in light of Public Service Commission
requirements, relevant state policies and technical considerations.
The firm's Indian Nations Energy Law practice reflects our tribal clients' "Seven Generations" environmental ethic
based on respect for the natural world and responsible stewardship of water, air and other natural resources on behalf
of future generations. Our tribal practice focuses on:
• For-profit energy generation opportunities, including identification of potential sources of generation (wind,
forest waste, landfill methane, etc.), market feasibility assessment, identification of financing sources, Indian
Tribal Energy Development and Self-Determination Act issues, potential tax and other legal advantages,
business entity structure (corporations, LLCs, joint ventures, etc.), facility construction and compliance;
• Assistance in connection with Tribal Energy Resource Agreements under the Indian Tribal Energy and Self-
Determination Act, permitting tribes, upon approval of the TERA, to enter into leases and other agreements
without further approval by the Bureau of Indian Affairs or Department of Interior;
• Maintaining tribal leadership in protecting the earth by helping tribes reduce tribal energy costs through
adoption of "green" construction standards, energy audits and other tools used to reduce tribes' "carbon
footprint";
• Establishment of a "Seven Generations" legal infrastructure, including enactment of an environmental code
limiting green house gas emissions, establishment of green building codes and adoption of green procurement
policies;
• Establishment of forest "carbon sinks," conservancies and other devices that protect the environment and
provide a potential economic return through regional, national or international carbon exchanges;
• Intergovernmental affairs, including preparation of position papers, participation on state and regional energy
boards and commissions, and negotiation with government officials to assure that the tribal perspective is
taken into consideration in the establishment of standards to limit green house gas emissions.
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