Thomas J. Dougherty, II Partner P 303.628.9524 / F 303.623.9222 tdougherty@lrrc.com Denver / 1200 Seventeenth Street, Suite 3000, Denver, CO 80202 Tom Dougherty represents a broad range of commercial, utility, energy, government, and private clients in litigation, regulatory, legislative, and public policy matters. Tom has extensive experience in electric utility, clean energy, and infrastructure projects as well as permitting, and eminent domain proceedings. Tom has successfully secured and litigated state permits and local government land use approvals for a wide variety of projects. With deep experience in this arena, Tom provides clients with practical legal advice, allowing him to serve as a strong advocate for clients. As an attorney and an engineer, Tom brings a unique understanding of the technical and legal aspects of clients' projects and an effective problem-solving perspective. Distinctions The Best Lawyers in America - Eminent Domain and Condemnation Law, 20142019 The Best Lawyers in America - Administrative/Regulatory Law, 2019 Colorado Super Lawyers - "2016 Top 100 Colorado Super Lawyers" - Utilities, Energy & Natural Resources, Eminent Domain, 2012-2019 Denver Business Journal - "Who's Who in Energy", 2014-2015 Colorado Law Week - Barrister s Choice for Best Renewable Energy Lawyer, 2015 5280 [The Denver Magazine] - "Top Lawyers 2015" list, 2015 Representative Matters Energy, Alternative Energy, Telecommunications and Utilities Represent regional generation and transmission company in organized electricity market matters Related Industries Energy & Utilities Real Estate Water Utilities Related Services Eminent Domain Environmental & Natural Resources Government Relations Litigation Blog(s) Energy & Natural Resources Education J.D., University of Denver, Sturm College of Law, 1999, Order of St. Ives B.S., University of Maryland, 1985 Bar Admissions Colorado, 1999 Wyoming, 2016 Court Admissions Colorado Court of Appeals Page 1/8
Represented government agency in development of distributed solar power project Colorado State Judicial District Courts Represented various Colorado ranch and landowners in the development of wind and solar renewable energy projects Colorado Supreme Court Advised project owner in connection with permitting issues related to development of ethanol production facility Represented major energy company in connection with interstate petroleum products pipeline permitting issues Advised electric utility on power purchase agreements related to distributed generation sources Represented state government infrastructure authority in negotiations related to development of major interstate high voltage electric transmission projects Co-lead counsel for a Colorado electric utility company in a landmark case applying for the first time Colorado law which authorizes the Colorado Public Utilities Commission to overturn a local government's land-use decision Lead counsel for a national electric and gas utility company in connection with the potential municipalization of the company's Colorado electric power transmission and distribution system Co-lead counsel for a Colorado water and sanitation district in municipal exclusion proceedings that resulted in the establishment of a joint operating authority responsible for the district's and the municipality's interconnected water and sewer systems Represents regional electric utility in planning, permitting, regulatory approval, and development of additions to interstate high voltage electric transmission system Represented foreign utility holding company in the acquisition of a U.S. gas utility company Represent municipal wastewater utility U.S. Court of Appeals, Tenth Circuit U.S. District Court, Colorado U.S. Supreme Court Eminent Domain Represented international energy company in development of interstate crude oil pipeline Co-lead counsel in an appeal to the New Mexico Supreme Court affirming a regional electric power generation and transmission company's eminent domain authority Lead counsel for a national electric and gas utility company in connection with the potential municipalization of the company's Colorado electric power transmission and distribution system Lead counsel in eminent domain proceedings on behalf of a regional electric power generation and transmission company in connection with construction of interstate electric transmission lines Page 2/8
Represent water utility in eminent domain proceeding for major intrastate water pipeline project. Memberships & Affiliations Colorado Energy Coalition, Co-Chair, 2017-present; and Member, Public Policy Committee, 2012-present Metro Denver Economic Development Corporation, Board of Governors, 2012present City Council, Councilman, City of Greenwood Village, Colorado, 2017-present Board of Adjustments and Appeals, Chair, City of Greenwood Village, Colorado, 2012-2017 Generation and Transmission Lawyers Association, Member Electric Cooperative Bar Association, Member Energy Bar Association, Member, EBA Rocky Mountain Chapter Colorado Bar Association, Eminent Domain Committee, Member Colorado Attorney Mentoring Program, Mentor Colorado Bar Association, Member Denver Bar Association, Member Presentations Presenter, "Drones in the Construction Industry," National Association of Security Bond Producers, October 6, 2017 Presenter, "UAS Laws and Regulations," Provisor's EVLAW Affinity Group, September 21, 2017 Presenter, "UAS Opportunities for Coops," National Rural Electric Cooperative Association, July and August, 2017 Presenter, "UAS Federal and State Legal and Regulatory Considerations," Colorado Springs City Attorney's Office, April 2017 Moderator, "UAS Trends and Legislation," Rocky Mountain Unmanned Symposium, March 2017 Presenter, "UAS Regulatory and Legal Considerations," USLAW EduNet Webinar, February, 2017 Presenter, "UAS in the Real Estate Industry," Denver Metro Association of Realtors, January 2017 Presenter, "UAS in the Oil and Gas Industry," National Webinar, Kinetic, November 13, 2016 Presenter, "UAS for Electric Utilities," EUCI Conference, October 19, 2016 Presenter, "UAS in the Construction Industry," National Webinar, Associated Page 3/8
General Contractors of America, October 12, 2016 Presenter, "Overview of Current UAS Issues," Cactus Club, September 29, 2016 Presenter, "Business Liability Issues Related to UAS Operations," USLAW Fall Conference, September 24, 2016 Presenter, "Federal Drone Regulations and Applicable State and Local Laws," Associated General Contractors of America, September 13 and 15, 2016 Moderator for Panel Discussion, Higher Education s Work on Energy Innovations, Energy Innovations Summit, September 12, 2016 Presenter, "Larson v. Sinclair and the Future of Pipeline Condemnation Cases," 20th Annual Colorado Eminent Domain Conference, April 2016 Presenter, "Property Rights - Who Owns the Airspace?" Colorado CLE, April 2016 Presenter, "Drones in the Construction Industry," USLAW, April 2016 Presenter, "Drones, Utilities, and Right-of-Way Considerations," Kinetic, March 2016 Presenter, "Key Considerations for a Drone Program," Kinetic, March 2016 Presenter, "Drone Law and Opportunities for Electric Cooperatives," Colorado Rural Electric Association, February 2016 Presenter, "Drones and Right-of-Way Considerations," International Rightof-Way Association, February 2016 Presenter, "Making the Business Case for Drones," Colorado Association of Commerce and Industry, February 2016 Presenter, "Drone Law Update," Colorado Cattlemen's Association, January 2016 Presenter, "A Drone Law Overview for Corporate Counsel," Association of Corporate Counsel, January 2016 Presenter, Unmanned Aircraft Systems Legal Issues and Legislative Responses, New Mexico State Bar Association, October 2015 Presenter, Unmanned Aircraft Systems for Electric Utilities, Colorado Association of Municipal Utilities, October 2015 Presenter, Unmanned Aircraft Systems A Drone Law Overview for Business Lawyers, Colorado Business Law Institute, October 2015 Speaker, Battery Storage: Is the Holy Grail Within Reach? Energy Innovations Summit, October 2015 Speaker, Legal and Insurance Roundtable, Association for Unmanned Vehicle Systems International, Annual Rocky Mountain Symposium, November 2015 Presenter, Drones in the Real Estate Industry: What You Need to Know, Colorado Association of Realtors (CAR), July 2015 Page 4/8
Presenter, "Drones and Agriculture," Mid-Summer Meeting, Colorado Farm Bureau, July 2015 Presenter, "Drones for Lawyers -- The Do's and Don'ts for Clients," Colorado Bar Association, CLE Presentation, July 2015 Presenter, "Drones and Agriculture," Annual Convention, Colorado Cattlemen's Association, June 2015 Presenter, "Drones and Agriculture," American Farm Bureau Federation, June 2015 Presenter, "Unmanned Aircraft Systems for Electric Cooperatives," Colorado Rural Electric Association, May 2015 Speaker, "Energy Storage: Still the Next Big Thing," Energy Innovations Summit, October, 2014 Speaker, "The Relationship Between Transmission and Renewable Energy," University of Denver, Sturm College of Law, April 2013 Speaker, "Nuclear Power for the Future," Energy Innovations Summit, October 2012 Speaker, "Current Issues and Challenges in Electric Transmission Siting," Energy Bar Association, National Teleconference, September 2012 Speaker, "Scenario Planning Our Way to the Land of Oz?" Colorado Water Congress, Energy and Water Conference, August 2012 Speaker, "FERC Order No. 1000 Compliance Efforts," Western Transmission Roundup Conference, April 2012 Speaker, "Regulatory and Legal Challenges to Transmission Development," Western Transmission Roundup Conference, June 2011 Speaker, "The Co-op Utility Perspective: Finances and the Promotion of Renewable Energy," Renewable Energy Transmission Conference, June 2010 Speaker, "Special Districts' Use of Eminent Domain Power," Lorman Education Services Special Districts Seminar, April 2006 Speaker, "Easement Changes: When Must You Condemn New or Additional Property Rights?" Annual Colorado Eminent Domain Conference, August 2005 Speaker, "First Amendment and Religious Land Use Trends," National Conference, National Association of Church Business Administration, July 2005 Speaker, "Condemnation of Religious Institutions' Property: Implications of Their Unique Legal Status," Annual Colorado Eminent Domain Conference, August 2004 Speaker, "Current Issues in Urban Renewal," Colorado Municipal League Annual Conference, June 2004 Speaker, "Eminent Domain Case of the Year: The Villa Italia Project," Page 5/8
Annual Colorado Eminent Domain Conference, August 2003 Publications Author, "Pratt's Energy Law Report," 6/12/2018 Co-Author, "Unbounded Interests: The Limits of Blanket Easements," Pratt's Energy Law Report, LexisNexis (June 2018, Vol. 18-6), June 2018 Quoted, "Drone pilots discuss the need for law regulating flight," Denver Post, March 2017 Author, "FAA Releases Long-Awaited Final Rules for Commercial Drones," Colorado Real Estate Journal, 07/06/2016 Author, "FAA Changes to Section 333 Exemption Conditions Create New Opportunities," Lewis Roca Rothgerber Christie Limitless Energy Blog, March 2016 Author, "New Rulemaking Committee Could Expand Drone Uses for Utilities and Other Industries," Lewis Roca Rothgerber Christie Limitless Energy Blog, February 2016 Co-Author, "Clean Power Plan Stayed - What Happens Now?," Lewis Roca Rothgerber Christie Limitless Energy Blog, February 2016 Co-Author, "Clean Power Plan - Can a State Proceed Anyway?," Lewis Roca Rothgerber Christie Limitless Energy Blog, February 2016 Author, "Colorado Legislative Session Opens With a Variety of EnergyRelated Bills," Lewis Roca Rothgerber Christie Limitless Energy Blog, January 2016 Author, "Precision Construction Reaches New Heights With Drone Usage," Colorado Real Estate Journal, December 2015 Author, "Drones on the Horizon: Where Are We Now and What Does the Future Hold?," Colorado Cattlemen's Association, 10/01/2015 Author, "Drones for Electric Cooperatives: Ready for Take-off?," NRECA, August 2015 Author, "FAA Drone Use Exemptions Break the 100 Mark," Lewis Roca Rothgerber Christie Limitless Energy Blog, April 2015 Author, "Precision Agriculture is Ready For Take-Off," Rocky Mountain Union Farmer, April 2015 Author, "Colorado PUC Considers Distributed Energy Storage Challenges and Opportunities," Lewis Roca Rothgerber Christie Limitless Energy Blog, April 2015 Author, "Energy Storage Conference Offers Lessons Learned and Path Forward," Lewis Roca Rothgerber Christie Limitless Energy Blog, March 2015 Author, "Energy and Infrastructure Companies Aren t Waiting for the FAA s New Drone Rules," Lewis Roca Rothgerber Christie Limitless Energy Blog, Page 6/8
March 2015 Author, "Energy Companies' Interest in Drones Gains Momentum as FAA Reacts to Comments," Lewis Roca Rothgerber Christie Limitless Energy Blog, March 2015 Author, "Major Verdict in Electric Utility Easement Case," Lewis Roca Rothgerber Christie Limitless Energy Blog, February 2015 Author, "FAA Opens the Door for Drone Use by Utilities and Energy Companies," Lewis Roca Rothgerber Christie Limitless Energy Blog, February 2015 Author, "Colorado Continues Its Support for CNGs in 2015," Lewis Roca Rothgerber Christie Limitless Energy Blog, February 2015 Author, "Will 2015 Be Just Right For Energy Storage?," Lewis Roca Rothgerber Christie Limitless Energy Blog, January 2015 Author, "Colorado Legislature Considers How to Implement EPA s Clean Power Plan," Lewis Roca Rothgerber Christie Limitless Energy Blog, January 2015 Author, "Colorado Energy Legislation Off to a Partisan Start?," Lewis Roca Rothgerber Christie Limitless Energy Blog, January 2015 Author, "Winners and Losers in the EPA's Long-Awaited Clean Power Plan," Lewis Roca Rothgerber Christie Limitless Energy Blog, June 2014 Author, "More Questions than Answers After Official Roll-Out of Clean Power Plan," Lewis Roca Rothgerber Christie Limitless Energy Blog, June 2014 Author, "Favorable Winds Continue to Blow for Transwest Express Transmission Project," Lewis Roca Rothgerber Christie Limitless Energy Blog, March 2014 Author, "Progress on the Western Front in the Solar Net Metering Battle?," Lewis Roca Rothgerber Christie Limitless Energy Blog, December 2013 Contributor, "Energy Bar Association, Energy Law Journal," Renewable Energy Report, 2013 Author, "California PUC Adopts First in Nation Energy Storage Requirement," Lewis Roca Rothgerber Christie Limitless Energy Blog, October 2013 Author, "One-Stop Shopping for State Transmission Siting Approvals?," Lewis Roca Rothgerber Christie Limitless Energy Blog, September 2013 Author, "Renewable Energy Cooperatives Create Opportunities for Colorado's Rural Communities," Rothgerber, Johnson & Lyons Client Alert, 12/26/2012 Author, "Colorado General Assembly Answers the Question, "Who Owns the Wind"?," Rothgerber, Johnson & Lyons Client Alert, 06/26/2012 Author, "Winners and Losers A Look Back at Energy Legislation in the Page 7/8
2012 Colorado General Assembly," Rothgerber, Johnson & Lyons Client Alert, 05/22/2012 Author, "Continuing Efforts to Restrict the Use of Eminent Domain for Utility & Economic Development Purposes," Rothgerber, Johnson & Lyons Client Alert, 03/14/2012 Author, "On-Site Solar: Considerations for Property Owners," RJ&L Real Estate Construction & Land: Energy/Agriculture Report, 12/22/2011 Author, "Small Wind Turbine - Large Benefits," RJ&L Real Estate, Construction & Land: Energy/Agriculture Report, December 2010 Author, "So Your Property is Being Taken for an Infrastructure Project. What Should You Do?," RJ&L Real Estate, Construction & Land Update, October 2010 Author, "Clean Energy Project Can Benefit Landowners," RJ&L Broker Bulletin, April 2008 Author, "Campaign Finance Law - It's Not Just for Politicians Anymore," Special District Association of Colorado, November/December 2004 Contributor, "Current Issues in Urban Renewal," Urban Renewal in Colorado, 2004 Author, "Change Comes to Colorado Eminent Domain Law," Real Estate and Land Use Update, April 2004 Author, "Colorado Engineers: A Legal Overview," Bradford Publishing, 2002 Page 8/8