Graham Noyes

Experience

Graham Noyes is a partner in the Energy Development practice group. Graham focuses his commercial practice on project development and transactional agreements in the energy, water and agricultural sectors. Representative clients include traditional companies in the natural resources, pulp and paper, and computer and petroleum industries; as well as emerging biofuel, biogas, water treatment, nutrient management and waste to energy ventures.

Prior to joining Stoel Rives, Graham served for seven years in sales, business development and executive roles in the biodiesel industry, and was Secretary of the National Biodiesel Board. Graham leverages this commercial background to serve as a legal project manager for complex projects. He works with his clients to determine the critical legal path for the overall project including financing, land acquisition, permitting, strategic relationships, EPC agreements, power purchase agreements and other key legal components. Graham then coordinates with Stoel Rives attorneys in the applicable practice groups to scope and sequence the necessary work. Graham's direct legal work for the project typically involves analyzing, drafting and negotiating the commercial agreements for the project including the transactional agreements, off-take agreements, federal incentives or loan guarantees, and environmental credits such as Renewable Energy Credits.

Graham's experience includes leading legal teams providing counsel in the development of energy projects exceeding $100 million dollars in planned capital expenditures. He has over a decade of experience in drafting, negotiating and closing agreements involving renewable energy producers and marketers, major petroleum companies, utilities, and major agricultural businesses.

Graham is a licensed attorney in Washington D.C. and regularly travels to D.C. to meet with executive agency officials, members of Congress and their staffs, and trade association representatives. He has significant experience with policy matters on both the state and federal level, and works with state policy groups, trade associations, lobbyists and policy makers on renewable energy and clean technology issues.

Prior to becoming involved in the energy sector, Graham practiced law as a litigator in Northern California. During this phase of his career, Graham tried dozens of cases to verdict and served as lead counsel to plaintiffs in several complex civil rights actions.

Graham formerly held the following positions: Vice President, sales and business development, Imperium Renewables Inc., 2007-2008; Vice President, sales, World Energy Alternatives LLC, 2003-2006; Director of Operations, Western U.S., World Energy Alternatives LLC, 200-2003; Sole practitioner, Law Offices of Graham Noyes, 1995-2000; and Associate Public Defender, Sacramento County, 1992-1995.

Representative Work

• Leading the legal team for a series of cutting edge anaerobic digester projects, each exceeding $100 million in planned capital expenditure.
• Drafting and negotiating the transactional agreements related to the development of a regional water treatment plant for a cluster of computer data centers and industrial users.
• Assisting multiple pulp and paper companies developing energy islands to produce qualified renewable biomass energy under western state Renewable Portfolio Standards.
• Successfully led the development of a federal loan guarantee application for a network of distributed solar energy projects in California.
• Counseled multiple geothermal, wind and solar projects regarding the process, requirements, and restrictions associated with the federal loan guarantee programs for both innovative and commercial projects. Steered several projects away from the federal loan guarantee program due to timeline, environmental and cost issues and thereby preserved project resources.
• Counseled multiple clients regarding grant opportunities established by the Stimulus Bill and the related compliance cost.
• Drafted contracts for energy project clients who received funding from Stimulus Bill grants to conform with federal requirements including Davis-Bacon, Buy America and record-keeping requirements.
• Assisted in development of a wind turbine supply agreement for 85 MW windfarm.
• Developed joint development agreement for European-based utility to invest in North American biogas projects.

Professional Honors & Activities

• Named one of the "Top 100 People in Bioenergy for 2012-13" by Biofuels Digest Magazine
• Secretary (former), Governing Board, National Biodiesel Board
• Member, Northwest Energy Angels
• Member, Washington Clean Tech Alliance
• Section Member, American Bar Association, Environment, Energy and Resources

Presentations

• "Aviation Biofuel Projects Viewed through a Project Finance Lens," FC Business Intelligence Aviation Biofuels Development Conference, Washington, D.C., Oct. 2, 2012
• Moderator, "Realizing a Sustainable Economy: How EU and U.S. Policies are Shaping Clean Technology Opportunities," British-American Business Council, Bellevue, Washington, May 4, 2011
• "DOE's Loan Guarantee Program: Crucial Financing Mechanism or a Costly Distraction?," Projects & Money 2011, New Orleans, Louisiana, Jan. 11, 2011
• "DOE Loan Program for Renewables: Critical Path Timeline Issues," EUCI Webinar, May 27, 2010
• "Carbon: the Wild Card in Fossil Fuel Economics," Streamlining Global Supply Chain Operations Conference, Chicago, Illinois, May 3-4, 2010
• "Will California meet its Renewable Portfolio Standard in 2010" (moderated panel), Platts 4th Annual California Power Market Forum, San Francisco, California, 2008
• "American Ingenuity in Biofuels," Next Generation Biofuels Conference, Amsterdam, Holland, 2007

Publications

• "Key Regulatory Programs for Advanced Biofuels: Federal Fuel and Fuel Additive Registration and California's Low Carbon Fuel Standard" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "The Renewable Fuel Standard" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "Commercial Contracts" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "What's Your Game Plan? Targeting Federal Renewable Energy Incentives," Renewable Energy World, Aug. 24, 2010
• "On the Right Path," Energy & Infrastructure magazine, Winter 2010. Also published in Construction Today, Jan. 1, 2010
• "Wind, Solar and Biodiesel Industries Look to Busy Congress for Crucial Extensions," Energy Law 360, Sept. 23, 2008
• "Commercial Contracts" Chapter, The Law of Biofuels, Stoel Rives LLP, 2008 Edition

Civic Activities

• Member, Bainbridge Island Parent Teacher Organization
• Mentor, University of Virginia Alumni Association
• Member, Washington Athletic Club

Education

• University of California, Davis, J.D., 1991
  Staff editor, U.C. Davis Law Review
  Order of the Coif
• University of Virginia, B.A., 1987, with distinction

Admissions

• Washington
• California
• District of Columbia
• U.S. District Court, Northern California
• U.S. Court of Appeals, District of Columbia Circuit

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Experience

Graham Noyes is a partner in the Energy Development practice group. A significant portion of Graham's practice is dedicated to the representation of biofuel companies. Graham focuses his biofuel practice on joint ventures, mergers and acquisitions, financing, commercialization and regulatory issues. Representative clients include biodiesel, ethanol, renewable diesel, and biomass gasification companies as well as fuel brokers, international trading companies and petroleum majors.

Graham joined Stoel Rives after working for seven years in the biofuels industry. Graham entered the biodiesel industry during its pre-commercial phase in 2000 and went on to lead sales and business for one of the leading sales and marketing companies and subsequently, the largest US biodiesel production facility. During that period, Graham served as an advocate for the biodiesel industry before the South Coast Air Quality Management District (SCAQMD), California Air Resource Board (CARB), California Energy Commission (CEC) and in other state and federal proceedings. In 2007-2008, Graham served as Secretary of the National Biodiesel Board. During his time in the biofuel industry, Graham negotiated supply agreements with petroleum distributors, petroleum majors, cruise lines, and fleet managers. Graham also broke new ground through the agreements he developed with pipeline shippers, petroleum terminals and energy companies.

As a business executive at two leading U.S. biodiesel companies, Graham garnered substantial practical experience in analyzing and monetizing state and federal incentives; negotiating and structuring joint ventures with strategic investors; introducing renewable fuels into existing fuel and energy markets; managing feedstock and commodity risks; and securing short and long-term funding.

Prior to becoming involved in the energy sector, Graham practiced law as a litigator in Northern California. During this phase of his career, Graham tried dozens of cases to verdict and served as lead counsel to plaintiffs in several complex civil rights actions.

Graham formerly held the following positions: Vice President, sales and business development, Imperium Renewables Inc., 2007-2008; Vice President, sales, World Energy Alternatives LLC, 2003-2006; Director of Operations, Western U.S., World Energy Alternatives LLC, 2000-2003; Sole practitioner, Law Offices of Graham Noyes, 1995-2000; and Associate Public Defender, Sacramento County, 1992-1995.

Representative Work

• Represented biodiesel company in acquisition of an existing facility through an asset purchase agreement
• Represented biodiesel company in successfully obtaining working capital and long-term refinancing
• Represented biofuel company in joint venture agreement with major agribusiness to develop biodiesel facility with over 50 million gallons annual capacity
• Negotiated first agreement to supply biodiesel blend via common carrier pipeline in United States
• Negotiated and drafted biodiesel supply agreement with Constellation Energy in 20 eastern states
• Negotiated biofuel supply agreement and requirements contract with Hawaiian Electric Company for 110 MW Generating Station
• Assisted company developing next generation biojet fuel projects obtain intellectual property and trade secrets protection
• Advised agri-business growing next generation biofuel feedstocks in Central and South America
• Drafted marine provisions, time charter agreement and purchase and sale agreements for biofuels and clean products barges

Professional Honors & Activities

• Named one of the "Top 100 People in Bioenergy for 2012-13" by Biofuels Digest Magazine
• Stakeholder Representative, Sustainable Aviation Fuels Northwest
• Secretary (former), Governing Board, National Biodiesel Board
• Member, Northwest Energy Angels
• Member, Washington Clean Tech Alliance
• Section Member, American Bar Association, Environment, Energy and Resources

Presentations

• "Thriving Under California's Low Carbon Fuel Standard," OPIS RFS2, RINs and Biodiesel Forum, Chicago, Illinois, Oct. 19, 2012
• "Aviation Biofuel Projects Viewed through a Project Finance Lens," FC Business Intelligence Aviation Biofuels Development Conference, Washington, D.C., Oct. 2, 2012
• "Renewable Natural Gas Contracting and Regulatory Issues," Biogas USA West Workshop, San Francisco, California, Oct. 9, 2012
• Speaker, "EPA Enforcement of the RFS Program," 3rd Annual RINWorld Summit, Grapevine, Texas, Oct. 2011
• Discussion Panel, " Mandated Carve Outs Part 1 – Advanced Biofuels Panel Discussion," RFS2, RINs & Biodiesel Forum, Chicago, Illinois, Oct. 2011
• Speaker, "State and Federal Policy for Biogas," American Biogas Council Webinar Series, July 2011
• Moderator, Alliances & Partnerships Roundtable, Advanced Biofuels Leadership Conference, Capital Hilton, Washington, D.C., Apr. 20, 2011
• Moderator, Cellulosic Ethanol Panel Discussion, Advanced Biofuels Leadership Conference, Capital Hilton, Washington, D.C., Apr. 19, 2011
• "DOE's Loan Guarantee Program: Crucial Financing Mechanism or a Costly Distraction?," Projects & Money 2011, New Orleans, Louisiana, January 11, 2011
• Speaker, "Carbon: the Wild Card in Fossil Fuel Economics," Streamlining Global Supply Chain Operations Conference, Chicago, Illinois, May 3-4, 2010
• Speaker, "Live Interview with the Industry RFS2 Experts," Biofuels Webinar Series, Apr. 20, 2010
• Speaker, "Biofuel in Aviation: Policy and Infrastructure," 2degrees Ltd. Webinar, Jan. 26, 2010
• "American Ingenuity in Biofuels," Next Generation Biofuels Conference, Amsterdam, 2007
• "International Perspective on Biodiesel: Taking Biodiesel Global," Canadian Renewable Fuel Summit, 2006
• "U.S. Commercial Biodiesel Market Outlook for 2007," Future Fuels Conference, Washington, D.C., 2006
• "Outlook for Biodiesel," International Fuels Quality Center, Washington, D.C., 2006
• "An Overview of Biodiesel," presentation to the American Institute of Chemical Engineers, 2005
• "Strategic Benefits of Biodiesel Use," California Air Resources Board Workshop on Petroleum Reduction Strategies, 2004
• "The Strategic Use of Biodiesel to Improve Air, Water and Soil Quality and to Reduce Public Health Risks," Environmental Health Congress, 2004
• "Achieving Enhanced Particulate Matter Reductions and Compliance Flexibility with Certified Alternative Diesel Fuels," California Air Resources Board, 2004
• "Biodiesel's Growing Role in Improving U.S. Energy Security," WESTSTART Clean Heavy Duty Vehicles Conference, 2004
• "The Role of Biodiesel Blends in Achieving the Goals of the SCAQMD's Air Toxics Control Plan for the Next Ten Years," South Coast Air Quality Management District, 2003

Publications

• "The Importance of Feedstock Within California's LCFS," Biodiesel Magazine, May/June 2013
• "Key Regulatory Programs for Advanced Biofuels: Federal Fuel and Fuel Additive Registration and California's Low Carbon Fuel Standard" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "The Renewable Fuel Standard" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "Commercial Contracts" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "Energy Law Alert: California Appeals Judge's Low Carbon Fuel Standing Ruling", (co-authored with Lee Smith)  Jan. 2012
• "Renewable Energy Law Alert: EPA Enforcement of RFS2 Heats Up", (co-authored with Sara Bergan, Martin K. Banks, Krista McIntyre) Nov. 2011
• "EPA Enforcement of the Renewable Fuel Standard", (co-authored with Krista McIntyre) Oct. 2011
• "California Appeals Judge's Low Carbon Fuel Standard Ruling," (co-authored with Lee Smith) January, 2012
• "EPA Enforcement of RFS2 Heats Up," (co-authored with Sara Bergan, Martin K. Banks, Krista McIntyre) November, 2011
• "EPA Enforcement of the Renewable Fuel Standard," (co-authored with Krista McIntyre) October, 2011
• "EPA Releases Draft 2012 Renewable Fuel Standards." (co-authored with Sara Bergan, Kevin R. Prohaska, Martin K. Banks) June 2011
• "EPA Finalizes Renewable Fuel Standards for 2011," OPIS' Renewable Fuels Supply, January 2011
• "What's Your Game Plan? Targeting Federal Renewable Energy Incentives," Renewable Energy World, August 24, 2010
• "Wind, Solar and Biodiesel Industries Look to Busy Congress for Crucial Extensions," Energy Law 360, Sep. 23, 2008
• The "Commercial Contracts" Chapter in the Stoel Rives Publication The Law of Biofuels, 2008 Edition
• The "Next Generation Biofuels" (co-authored with David Benson) Chapter in the Stoel Rives Publication The Law of Biofuels, 2008 Edition
• "Biodiesel Production and Use – American Grown Diesel Fuel," (co-authored with Tracey Osborne), Energy and Resources Group, University of California Berkeley, 2005

Education

• University of California, Davis, J.D., 1991
  Staff editor, U.C. Davis Law Review
  Order of the Coif
• University of Virginia, B.A., 1987, with distinction

Civic Activities

• Member, Bainbridge Island Parent Teacher Organization
• Mentor, University of Virginia Alumni Association
• Member, Washington Athletic Club

Admissions

• Washington
• California
• District of Columbia
• U.S. District Court, Northern California
• U.S. Court of Appeals, District of Columbia Circuit

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Experience

Graham Noyes is a partner in the Energy Development practice group. Due to his background in the biofuel industry, Graham dedicates a significant amount of his practice to matters related to fuel regulatory work including the Renewable Fuel Standard (RFS), the Fuel and Fuel Additive Registration program (FFARs), and other EPA administered fuel regulatory programs. Graham represents clients commercializing new biofuels, complying with FFARs requirements, developing RFS compliance and monetization strategies, participating in EPA rulemakings, and responding to notices of violation and requests for information under section 114 of the Clean Air Act.

Graham joined Stoel Rives after working for seven years in the biofuels industry. Graham entered the biodiesel industry during its pre-commercial phase in 2000 and went on to lead sales and business development for a biodiesel company with annual sales revenue well in excess of $100 million. During the period, he served as an advocate for the biodiesel industry in the South Coast Air Quality Management District (SCAQMD), California Air Resource Board (CARB), California Energy Commission (CEC) and other state and federal proceedings, and was elected Secretary of the National Biodiesel Board. Graham was involved with the biodiesel industry's fulfillment of FFARS and the development of a biodiesel specification through ASTM International. He also developed an understanding of the requirements and commercial value of the RFS under the original provisions of the program. When Congress revised the program with the Energy Independence and Security Act of 2007 (EISA), Graham immersed himself in the new program, typically referred to as RFS2.

Prior to becoming involved in the energy sector, Graham practiced law as a litigator in Northern California. During this phase of his career, Graham tried dozens of trial to verdict and served as lead counsel to plaintiffs in several complex civil rights actions. This litigation experience has proven valuable in assisting clients preparing document responses after receiving RFI's from the EPA under CAA section 114. Graham also leverages the firm's extensive general experience in CAA 114 response process that has been developed in the traditional air quality sector.

Graham formerly held the following positions: Vice President, sales and business development, Imperium Renewables Inc., 2007-2008; Vice President, sales, World Energy Alternatives, LLC, 2003-2006; Director of Operations, Western U.S., World Energy Alternatives, LLC, 2003-2006; Sole practitioner, Law Offices of Graham Noyes, 1995-2000; and Associate Public Defender, Sacramento County, 1992-1995.

Representative Work

• Represent clients regarding CAA 114 Requests for Information from the EPA
• Represent client regarding Notice of Violation from EPA under RFS
• Represent multiple clients in EPA Rulemakings relating to RFS
• Represent multiple clients importing biofuel and seeking to conform with RFS requirements
• Represent multiple clients seeking interpretation of various RFS provisions
• Represented client developing strategy to monetize advanced technology for ethanol plants under RFS

Professional Honors & Activities

• Named one of the "Top 100 People in Bioenergy for 2012-13" by Biofuels Digest Magazine
• Stakeholder Representative, Sustainable Aviation Fuels Northwest
• Secretary (former), Governing Board, National Biodiesel Board
• Member, Northwest Energy Angels
• Member, Washington Clean Tech Alliance
• Section Member, American Bar Association, Environment, Energy and Resources

Presentations

• "Thriving Under California's Low Carbon Fuel Standard," OPIS RFS2, RINs and Biodiesel Forum, Chicago, Illinois, Oct. 19, 2012
• "Aviation Biofuel Projects Viewed through a Project Finance Lens," FC Business Intelligence Aviation Biofuels Development Conference, Washington, D.C., Oct. 2, 2012
• "Renewable Natural Gas Contracting and Regulatory Issues," Biogas USA West Workshop, San Francisco, California, Oct. 9, 2012
• Speaker, "EPA Enforcement of the RFS Program," 3rd Annual RINWorld Summit, Grapevine, Texas, Oct. 2011
• Discussion Panel, " Mandated Carve Outs Part 1 – Advanced Biofuels Panel Discussion," RFS2, RINs & Biodiesel Forum, Chicago, Illinois, Oct. 2011
• Speaker, "State and Federal Policy for Biogas," American Biogas Council Webinar Series, July 2011
• Moderator, Alliances & Partnerships Roundtable, Advanced Biofuels Leadership Conference, Capital Hilton, Washington, D.C., Apr. 20, 2011
• Moderator, Cellulosic Ethanol Panel Discussion, Advanced Biofuels Leadership Conference, Capital Hilton, Washington, D.C., Apr. 19, 2011
• Speaker, "Live Interview with the Industry RFS2 Experts," Biofuels Webinar Series, Apr. 20, 2010
• Speaker, "Biofuel in Aviation: Policy and Infrastructure," 2degrees Ltd. Webinar, Jan. 26, 2010
• "American Ingenuity in Biofuels," Next Generation Biofuels Conference, Amsterdam, 2007
• "International Perspective on Biodiesel: Taking Biodiesel Global," Canadian Renewable Fuel Summit, 2006
• "An Overview of Biodiesel," presentation to the American Institute of Chemical Engineers, 2005
• "The Strategic Use of Biodiesel to Improve Air, Water and Soil Quality and to Reduce Public Health Risks," Environmental Health Congress, 2004
• "Achieving Enhanced Particulate Matter Reductions and Compliance Flexibility with Certified Alternative Diesel Fuels," California Air Resources Board, 2004
• "The Role of Biodiesel Blends in Achieving the Goals of the SCAQMD's Air Toxics Control Plan for the Next Ten Years," South Coast Air Quality Management District, 2003

Publications

• "The Importance of Feedstock Within California's LCFS," Biodiesel Magazine, May/June 2013
• "Key Regulatory Programs for Advanced Biofuels: Federal Fuel and Fuel Additive Registration and California's Low Carbon Fuel Standard" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "The Renewable Fuel Standard" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "Commercial Contracts" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
• "Energy Law Alert: California Appeals Judge's Low Carbon Fuel Standing Ruling", (co-authored with Lee Smith)  Jan. 2012
• "Renewable Energy Law Alert: EPA Enforcement of RFS2 Heats Up", (co-authored with Sara Bergan, Martin K. Banks, Krista McIntyre) Nov. 2011
• "EPA Enforcement of the Renewable Fuel Standard", (co-authored with Krista McIntyre) Oct. 2011
• "EPA Releases Draft 2012 Renewable Fuel Standards." (co-authored with Sara Bergan, Kevin R. Prohaska, Martin K. Banks) Jun. 2011
• "EPA Finalizes Renewable Fuel Standards for 2011," OPIS' Renewable Fuels Supply, Jan. 2011
• "Commercial Contracts" Chapter The Law of Biofuels, 2008 Edition
• "Next Generation Biofuels" Chapter (co-authored with David Benson) The Law of Biofuels, 2008 Edition
• "Biodiesel Production and Use – American Grown Diesel Fuel," (co-authored with Tracey Osborne), Energy and Resources Group, University of California Berkeley, 2005

Education

• University of California, Davis, J.D., 1991
  Staff editor, U.C. Davis Law Review
  Order of the Coif
• University of Virginia, B.A., 1987, with distinction

Civic Activities

• Member, Bainbridge Island Parent Teacher Organization
• Mentor, University of Virginia Alumni Association
• Member, Washington Athletic Club

Admissions

• Washington
• California
• District of Columbia
• U.S. District Court, Northern California
• U.S. Court of Appeals, District Columbia Circuit

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