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Peter C. Trimarchi
Of Counsel

Peter Trimarchi joined Whiteman Osterman and Hanna in 2007, after practicing for 9 years in New York City. He advises on all aspects of environmental law, with particular expertise in representing corporations and lenders in business transactions. He also has a great deal of experience in project finance transactions, advising lenders and developers on the complex permitting and environmental issues arising in a wide variety of projects, including natural gas-fired power plants and renewable energy facilities (wind, ethanol and geothermal). He also has substantial experience in both environmental and commercial litigation, representing plaintiffs and defendants in torts, contracts and insurance coverage claims.

Representative Accomplishments

  • Represented a wind developer in the project financing of six wind farms currently operating in upstate New York. Coordinated the due dilligence for issuance of permitting opinions to both lenders and tax equity partners.
  • Assisted a major automobile manufacturer obtain Clean Air Act permits for more than 60 dealerships throughout New York State in connection with a limited service campaign.
  • Represented a major specialty chemical manufacturer in connection with a joint EPA and DEC investigation into violations of the Clean Air Act and the Resource Conservation and Recovery Act.
  • Represented a private equity firm in connection with its acquisitions of waste management facilities in New York and West Virginia.
  • Represented a utility in two separate offerings of debt securities backed by the operation of seven wind farms in five states. Tasks included performance of environmental and permitting due diligence on each of the wind farms, followed by drafting of securities disclosure statements and negotiation of the terms of permitting opinions with local counsel in each jurisdiction.
  • Represented various lenders in financing for the development of five separate ethanol production facilities. Tasks included conducting detailed due diligence on environmental and permitting matters, and coordinating that review among developers, the banks and their respective environmental engineers.
  • Represented ITR Concession Company LLC in its widely publicized US $3.8 billion acquisition of a concession to operate the Indiana Toll Road. Tasks included environmental due diligence, extensive negotiation of the environmental provisions of the Concession and Lease Agreement, and coordination of the transfer of over 100 permits.
  • On a pro bono basis, represented Fresh Youth Initiatives, Inc. in connection with the remediation of a significant oil spill in upper Manhattan. Mr. Trimarchi was able to recover 100% of FYI’s cleanup costs from the New York State Oil Spill Fund.

Affiliations
Mr. Trimarchi is a member of the New York State Bar Association. He is a member of the Environmental Law Section’s Executive Committee and currently serves as Co-Chair of the Biotechnology, Nanotechnology and the Environment Committee.

Recent Publications/ Presentations
Environmental Issues in Business Transactions: 2010 and Beyond, New York State Development Council’s Economic Development Course, June 23, 2010

Strategies for Distressed Properties: Environmental Risks and Opportunities, Lorman Seminars, Albany (December 2007)

Global Warming: A View from Main Street, New York, Albany Law School Summer Seminar (August 2007)

Greenhouse Gas Regulation in the United States: It’s Closer Than You Think, Wall Street Lawyer, Vol. 11, No. 1 (January 2007)

Background
Mr. Trimarchi received his law degree from the University at Buffalo School of Law, cum laude, in 1998. He earned his B.A. from the University at Albany, cum laude, in 1994. Prior to joining the Firm he was an associate at White & Case LLP in New York City.