Person Photo
Person Photo

Thomas Jensen

Partner

975 F Street NW, Suite 900, Washington, DC 20004

Thomas C. Jensen is a nationally recognized practitioner of natural resources and environmental law.

As a leader of Holland & Hart’s national infrastructure development team, Tom provides highly strategic regulatory counsel and litigation support to leaders throughout the corporate, government, and nonprofit sectors. Tom served as majority counsel to the U.S. Senate Committee on Energy and Natural Resources and the White House Council on Environmental Quality’s associate director for natural resources.  He offers unique experience in framing, negotiating, and helping to implement solutions to controversial legal and policy matters.  He specializes in representation of infrastructure development projects involving public lands and marine areas, environmental reviews, protected natural and cultural resources, and multiple agency jurisdiction.  

Tom regularly represents developers of energy generation, electric transmission, and pipeline projects across the country.  He served as national counsel to leading conservation banking investors from the real estate and energy development sectors and led development and permitting for cutting-edge marine wind and hydrokinetic renewable energy projects and technologies.  Tom has published numerous articles on federal infrastructure siting and impact mitigation policy.  He serves on the Executive Committee of the Klamath River Renewal Corporation, Alumni Board of Lewis & Clark Law School, and as president of a public elementary school PTA in Arlington, Virginia.  He has three sons and is married to energy attorney Sarah L. Jensen.

Experience

Regularly called upon to assist with matters involving:

  • Public lands
  • Protected species
  • Water law (western and eastern systems) and water resource development
  • Laws related to marine and aquatic resources
  • National Environmental Policy Act (NEPA)
  • National Historic Preservation Act (NHPA)
  • Endangered Species Act (ESA)
  • Federal Land Policy and Management Act (FLPMA)
  • Antiquities Act
  • National Park System Organic Act
  • Refuge System Improvement Act
  • Mitigation and conservation banking projects

Client Results

Representative Matters
  • Counsel to interstate natural gas pipeline owner and developer on federal and state siting and permitting, including approvals required from the Federal Energy Regulatory Commission, U.S. Forest Service, National Park Service, Advisory Council on Historic Preservation, U.S. Fish and Wildlife Service, Bureau of Land Management, and Corps of Engineers.

  • Provides counsel to a leading mining company on national monument designation, federal public land permitting and candidate species conservation strategies, including sage-grouse.

  • Serves as siting, NEPA, and endangered species counsel to Great Plains-area electric transmission project developer.

  • Serves as project counsel to the utilities that developed and own the Susquehanna-Roseland 500 kV transmission project, a high-voltage transmission line that crosses three units of the National Park System. His work has involved siting-related regulatory issues, EIS preparation, endangered species, Migratory Bird Treaty Act and Bald &Golden Eagle Protection Act compliance, cultural resource consultations, government affairs, communications, negotiation of a comprehensive mitigation strategy, and oversight of engineering and resource consultants.

  • Serves as counsel to a leading investor-owned electric utility on NEPA and ESA compliance related to transmission and distribution system construction and expansion, including matters involving conservation of the northern long-eared bat.

  • Serves as regulatory and strategic counsel to a leading investor in conservation banking for protected species.

  • Represented a major international marine shipping company in a successful appeal to the U.S. secretary of commerce under the Coastal Zone Management Act (CZMA), challenging Puerto Rico's rejection of the company's application for permits to expand its shipping terminal in San Juan harbor.

  • Represent the leading developer of offshore floating platforms for wind energy facilities on policy, siting, and corporate matters in the U.S. and overseas.

  • Represented a major utility in negotiating a land exchange with the Department of the Interior.
  • Served as lead outside counsel to an Indian tribe seeking redress for harms inflicted by a Corps of Engineers dam and private hydropower project; his work involved cutting-edge legal strategies in the areas of treaty rights, water law and Federal Power Act compliance.

  • Represented one of the nation’s largest municipal utilities on the relicensing of its principal hydropower assets.

  • Represented a leading international clothing and fashion company as counsel on compliance and enforcement strategies under the Convention on International Trade in Endangered Species (CITES).

  • Represented real estate development interests affected by proposed construction of FERC-regulated pipelines.

  • Represented pipeline trade associations on development of policy for coordinated federal environmental and safety permitting.
  • Represented liquids pipelines on Endangered Species Act and NEPA compliance issues, including settlement of litigation and resolution of numerous state and local claims.

  • Post-natural disaster counsel to electric and gas utilities on emergency measures for compliance with federal environmental regulations and procedures

Other Experience
  • Serves as regulatory counsel to national and regional commercial construction companies on ESA permitting and compliance strategies, including ESA compliance for the northern long-eared bat.

  • Represented licensees and stakeholders in the hydropower licensing process at the Federal Energy Regulatory Commission, including two unusual competitive relicensing efforts.

  • Served as lead outside counsel to the world's leading gold mining company in negotiation of a precedent-setting sage-grouse conservation bank with regulatory assurances under FLPMA and the ESA.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • Who’s Who Legal: Environment 2016
  • Martindale-Hubbell®, AV Preeminent® Rating
  • Listed in Legal Leaders: Washington D.C. & Baltimore’s Top-Rated Lawyers of 2015
  • Received the Lewis and Clark Law School's first Distinguished Environmental Law Graduate Award, 1995

Professional and Civic Affiliations

  • Klamath River Renewal Corporation, Director
    • Executive, Legal, and Audit Committees, Member
  • Washington, D.C. Bar Association, Member
  • Oregon Bar Association, Member
  • Energy Bar Association, Member
  • Lewis & Clark Law School, Member, Alumni Board
DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.