Albert H. Acken

Member
Albert H. Acken represent clients in the mining, power, development, manufacturing, and water and wastewater utility sectors in regulatory proceedings, litigation, and business transactions. His practice focuses on permitting and compliance, public utility commission proceedings, land acquisition and related litigation, and due diligence for business transactions. Because every case and client is unique, understanding each client’s goals is a critical first step taken by Albert in every engagement. His role is to help his clients develop and implement creative, effective, and efficient legal solutions to meet their objectives.  

Education & Credentials

Education

Northwestern University School of Law

J.D., 2002
  • cum laude

The George Washington University

B.A., Geology, 1996
  • National Merit Finalist and Presidential Academic Scholarship Recipient

Bar Admission

  • Arizona
  • Colorado

Acknowledgements

  • Named to the 2014-2019 edition of Chambers USA in the area of Environmental (including water rights).

Prominent Assignments

Energy and Utilities | Representative engagements include:

  • Representing municipalities in public utility commission proceedings against private water and wastewater utility that has been providing unsafe and unreasonable services.
  • Representing international technology company to revise regulated electric utilities’ tariff to authorize exclusive use of renewable energy for data centers.
  • Representing the first merchant transmission line project to seek and obtain state siting authority for a 200-mile transmission line project.
  • Siting the first utility-scale solar power plant in Arizona on behalf of an international developer and operator of utility-scale solar facilities.

Environmental Policymaking, Permitting and Compliance | Recent engagements include:

  • Representing mining trade association in state and local regulatory rulemakings regarding air quality, water quality, and reclamation.
  • Participating in regional haze rulemaking, subsequent judicial appeal before the Ninth Circuit Court of Appeals, and ongoing rulemaking efforts on behalf of cement manufacturing facility.
  • Representing several manufacturing facilities navigate voluntary cleanup program and state CERCLA-equivalent investigation and cost allocation proceedings. 

Land Acquisition and Litigation | Recent engagements include:

  • Assisting clients to obtain federal rights-of-way and state land authorizations for mining projects and linear infrastructure.
  • In proceedings before the Interior Board of Land Appeals, successfully challenging BLM denial of right-of-way for extra-high voltage transmission line.
  • Litigating mining claim disputes regarding unpatented mining claims on federal lands.
  • Representing mineral estate holder in multiparty litigation to determine respective rights of mineral and surface estate holders.
  • Representing property owners in actions brought by utilities with condemnation authority seeking to obtain rights-of-way across private property.

Due Diligence | Representative projects include:

  • Coordinating review of land positions, mineral title, corporate structure, water availability, and permitting status and compliance for various mining projects.
  • Managing cross-disciplinary due diligence for renewable and fossil fuel power plant acquisitions including evaluation of water rights, real estate, environmental, tax, and state public utility requirements.
 

Professional Involvement

  • Counsel to aggregate mining trade association board

Community Involvement

  • Top 50 Pro Bono Attorneys in Arizona, Arizona Foundation for Legal Services & Education (2012)

Court Admissions

  • Arizona District Court, 2007
  • Ninth Circuit Court of Appeals, 2005
  • Tenth Circuit Court of Appeals, 2013

Publications/Presentations

  • Regulatory Developments Affecting the Rock Products Industry, presentation for trade association members concerning federal, state, and local legislative and regulatory developments.
  • Air Quality and Greenhouse Gas Regulatory Developments, presentation at State Bar convention addressing air quality and greenhouse gas legal developments.
  • Arizona State Law Journal, “Secured Creditors: Exempt From Liability?” (Summer 2014) 
  • Arizona State Law Journal, “Sustainable Energy in Arizona” (Fall 2011)
 
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