Jordan J. Hemaidan

Jordan helps energy companies and other sophisticated businesses structure and contract for large scale capital expansion and procurement, including representation in siting and certification cases for large power generation facilities, electric transmission lines, private energy facilities, and large agricultural projects. He also represents clients in the transactional and regulatory aspects of purchasing and developing renewable energy projects, including wind, solar, and biomass energy projects.

Jordan is known for his ability to achieve consensus among various stakeholders, as well as his creative solutions in resolving disputes and completing transactions.

His practice also includes a wide range of energy-related procurement and construction matters, including contract negotiation, contract administration, bid protests, and dispute resolution. He guides public utilities through rate-making and other regulatory matters by establishing close relationships with regulators, yet never compromising his ability to fight for his clients.

Solutions in action

Jordan has successfully defended against challenges brought by highly organized and well-funded environmental non-governmental organizations against agriculture, industrial, and utility clients’ permits and businesses. He has also prevailed in disputes involving government treatment of agricultural and other clients’ project developments. Examples include:

• Prevailed in a Wisconsin Supreme Court case that for the first time, held that the term of a real estate right of first refusal agreement does not need to be limited in order to be lawful or reasonable, so long as the price to be paid for the real estate is reasonable and the time in which to exercise the right is limited in duration
• Prevailed in a Wisconsin Court of Appeals case holding that a party objecting to a Wisconsin Pollution Discharge Elimination System permit must first seek an administrative hearing before seeking judicial review
• Prevailed in a Wisconsin Court of Appeals case holding that a town government may not withhold building permits for agricultural buildings given state laws that limit local government regulation of agricultural buildings and despite the pendency of state-level permits associated with the operation of the buildings
• Prevailed in a 7th Circuit Clean Air Act case holding that EPA’s interpretation that the Clean Air Act allows the agency to count only the emissions increase caused by the modification against a PSD Increment