Brian Nese is an associate in the Energy Development group and the Renewable and Thermal Energy Initiatives, and focuses his practice on representing project developers, including solar and wind developers, in drafting and negotiating various project documents, including engineering, procurement and construction agreements, operation and maintenance agreements, balance of plant agreements, supply agreements, and real property agreements. Brian also assists project developers in project permitting, site certification and dispute resolution proceedings.
Prior to joining Stoel Rives LLP, Brian was an associate at Stroock & Stroock & Lavan LLP, Los Angeles, California, where he represented clients in a variety of matters, including dispute resolution, litigation, regulatory and enforcement proceedings.
- Assisted solar project developer with structuring, negotiating and contracting for 9 MW rooftop solar photovoltaic project, which, when constructed, will be the largest rooftop system in the United States. Key project documents included EPC, O&M, Performance Guaranty, and Solar Renewable Energy Credit Purchase and Sale agreements.
- Assisted solar project developer with development and sale of 250 MW solar photovoltaic project, including negotiation and drafting of key EPC agreements, subcontracts and related project agreements.
- Assist solar project developer obtain conditional use permit for 90 MW solar photovoltaic project in Los Angeles County based on a mitigated negative declaration.
- Represented independent power producer in heavily contested licensing proceeding for thermal power plant before the California Energy Commission. Represented wind project operator in litigation with project owner over operations and maintenance contracts, obtaining jury verdict in client's favor after month-long trial in Orange County.
Professional Honors & Activities
- CleanTECH San Diego
- Women of Wind Energy, San Diego Chapter
- California Wind Energy Association
- Energy Bar Association
- San Diego County Bar Association
- Association of Business Trial Lawyers, San Diego
- Mentor, University of Southern California Law Center
- PKD Foundation, Member
- "EPC Agreements" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
- "Solar Energy System Design, Engineering, Construction, and Installation Agreements" Chapter, Lex Helius: The Law of Solar Energy, Stoel Rives LLP, 2011 Edition
- "Power Purchase Agreements: Distributed Generation Projects" Chapter, Lex Helius: The Law of Solar Energy, Stoel Rives LLP, 2011 Edition
- University of Southern California Law Center, J.D., 2004
Order of the Coif
- Southern California Law Review Staff, 2003-2004
- Georgetown University, B.A, 2000, cum laude
Print to Word
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central and Southern Districts of California