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Joyce E.
Kung

Principal

Joyce E.
Kung

Principal

Joyce concentrates her practice on renewable energy, environmental regulation, and litigation. Her experience includes advising lenders and developers on structuring and negotiating renewable energy transactions, including financing, project development, and mergers and acquisitions. She has assisted NYSERDA on issues related to the New York Offshore Wind Master Plan, and has also advised clients on environmental issues ranging from stormwater discharges and underground storage tanks to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the New York State Brownfield Cleanup Program.

Joyce maintains an active pro bono practice, and represented the National Parks Conservation Association in an appeal and negotiations to protect the natural and historic resources of Valley Forge National Historic Park from increased pollution from stormwater runoff.

Before joining SPR, Joyce served as the Connecticut Director of Acadia Center, where she regularly appeared before the Public Utilities Regulatory Authority and focused on advancing policy and regulatory solutions to decarbonize the electric supply. She also served as the State Senate President’s designated environmental representative on the Connecticut Energy Advisory Board.

In addition, Joyce has extensive experience in intellectual property disputes and transactions, specifically relating to patents, trademarks, and copyrights.

New York Metro Super Lawyers, Environmental Litigation and Environmental Law, Rising Star
New York Metro Super Lawyers, Intellectual Property, Rising Star
New York Metro Super Lawyers, Environmental Law

Equinor Wind – Empire Wind Offshore Wind Projects

Location: Long Island, NY

SPR represents Equinor Wind US in the local and state permitting and development, and aspects of federal permitting, for the Empire Wind 1 and the Empire Wind 2 offshore wind projects that will supply New York State with over 2 gigawatts of renewable energy, power 1 million homes, and provide billions of dollars of economic benefits to the State. The projects also are expected to provide tens of millions of dollars in investments in long-term port facilities, related infrastructure, and new technologies. Together, these offshore wind projects will help the State meet the renewable energy and offshore wind capacity mandates set forth in NY’s Climate Leadership and Community Protection Act, diversify NY’s energy portfolio, and reduce greenhouse gas emissions. SPR assisted Equinor acquire various properties that will support its offshore wind projects, and helps navigate the remediation of those properties thorough the Brownfield Cleanup Program. The Firm also advises Equinor on parkland alienation and conversion issues, on the development of an offshore wind port in New York City that will service Equinor’s offshore wind projects and house the onshore substation for the Empire Wind 1 project, on other required local approvals and land rights, on contractor procurement, and on diligence for private finance relating to environmental permitting and litigation risk. SPR assisted Equinor on the development of the Beacon Wind 1 offshore wind project until early 2024, when Equinor transferred its interest in that project to another offshore wind developer.

Long Island Power Authority – Jones Beach Energy & Nature Center

Location: Jones Beach, NY

SPR successfully defended the construction of the Jones Beach Energy & Nature Center in litigation challenging the environmental review and permitting of the project under SEQRA, NEPA, the federal Land & Water Conservation Fund Act and other state and federal laws, and alleging violation of the public trust doctrine for alienation of state parkland. SPR secured decisions in Nassau County Supreme Court, the Eastern District of New York, and the Second Circuit Court of Appeals dismissing all claims against LIPA and upholding the construction of the Energy & Nature Center.

NYSERDA – Offshore Wind

Location: New York

SPR advises NYSERDA on the various initiatives to facilitate New York State’s offshore wind program. SPR played a significant role in the development of the New York State Offshore Wind Master Plan, the first such plan in the nation, along with its 21 supporting environmental and infrastructure studies. SPR also oversaw the preparation of the environmental review required for the State’s first procurement of Offshore Renewable Energy Credits.

Saranac Lake Waterfront Resort – NY Green Bank

Location: Adirondack Park, NY

SPR represents an equity investor in connection with a preferred equity investment in Saranac Lake Waterfront Resort, the first Leadership in Energy and Environmental Design (LEED) certified resort in Adirondack Park, NY.

Chautauqua Green Energy LLC – NY Green Bank

Location: New York

SPR represents a lender in connection with a $21 million landfill gas to renewable natural gas construction-to-term loan and $1 million letter of credit to Chautauqua Green Energy, LLC, a subsidiary of CGE Ventures, LLC, a joint venture of Vireo Energy, LLC, Emkey Gathering, LLC and Sumiya Investment Management.

Rudarpa North Country LLC – NY Green Bank

Location: New Hampshire

SPR represents a lender in connection with a $33 million landfill gas to renewable natural gas construction-to-term loan to Rudarpa North Country LLC.

Sealed Inc – NY Green Bank

Location: New York

SPR represents a lender in connection with a $35 million revolving credit facility with Sealed Inc, an energy service provider that provides energy-saving improvements in homes in NYS.

Nine Dot Energy – NY Green Bank

Location: New York

SPR represents a lender in connection with a $25 million revolving credit facility for NineDot Energy to finance interconnection deposits for battery energy storage projects.

E2i – NY Green Bank

Location: New York

SPR represents a lender in connection with a $8,000,000 loan to bridge state renewable energy incentives.

GSI – NY Green Bank

Location: New York

SPR represents a lender in connection with $10,000,000 revolving credit facility for GSI to finance interconnection deposits for distributed solar generation or battery energy storage projects.

Sun Rocket Capital – Donato Solar (Decatur Brush)

Location: Illinois

SPR represents a lender in connection with $4.8 Million Construction to Term Loan Facility for a 2.850 MW ground-mounted solar project.

SunRocket Capital – Donato Solar (Decatur Brush 2)

Location: Illinois

SPR represents a lender in connection with $4.7 Million Construction to Term Loan Facility for a 2.850 MW ground-mounted solar project.

SunRocket Capital – WCP Financials

Location: Illinois

SPR represents a lender in connection with $1,400,000 Term Loan for a 3.029 kW roof-mounted solar project.

Tier 1 Transactions – NYSERDA

Location: New York

SPR represents the New York State Energy Research and Development Authority in connection with its Tier 1 Renewable Energy Certificate Purchase Program for Large Scale Renewable Energy Projects.

Tier 4 Transactions – NYSERDA

Location: New York

SPR represents the New York State Energy Research and Development Authority in connection with the Renewable Energy Certificate financing program for two high voltage electric transmission lines.

Build Ready Transactions – NYSERDA

Location: New York

SPR represents the New York State Energy Research and Development Authority in connection with its Build-Ready large scale renewables development program.

Radial Power Asset – Accord Power

Location: New York

SPR represents a construction contractor in connection with an Engineering, Procurement and Construction (EPC) contract for the construction of solar energy projects.

“Environmental Law: Developments in the Law of SEQRA, 2017-2018 Survey of New York Law”

For: Syracuse Law Review, Vol. 69, No. 4

2019 | Written by Mark Chertok, Joyce E. Kung (and Allison Sloto)

“Policy Paper: Connecticut Energy Policy & the Role of Efficiency”

For: University of Connecticut School of Law, Center for Energy and Environmental Law

April 2011 | Written by Joyce E. Kung et. al

EPA Publishes Proposed Rule Banning TCE

On October 31, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule to ban all manufacturing and use of trichloroethylene (TCE) under Section 6(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2605(...

Governor Hochul Approves Changes to Environmental Justice Amendments

On March 3, 2023, Governor Hochul approved the New York State Legislature’s “chapter amendment” (S01317/A01286) to the environmental justice law that was enacted in December 2022 (S8830/A2103-D). The original legislation amended the State Environmental Quality Review Act (SEQRA) process ...

PFAS Litigation Update: Court Denies Summary Judgment to AFFF Manufacturers

On September 16, 2022, Judge Richard M. Gergel of the U.S. District Court of South Carolina denied aqueous film forming foams (AFFF) manufacturers’ motion for summary judgment based on the government contractor indemnity defense in a multi-district litigation (MDL) currently pending against 3M Company, Tyco Fire Products LP, Chemguard Inc., National ...

New York Seeks to Procure Minimum of 2,000 MW in Third Offshore Wind Solicitation

On July 27, 2022, Gov. Kathy Hochul announced the New York State Energy Research and Development Authority’s (NYSERDA’s) third competitive offshore wind solicitation seeking to procure ORECs (offshore wind renewable energy credits) for ...

New York continues nation-leading progress in offshore wind in 2022

  As 2022 kicks off, New York is already building on its leadership in development of offshore wind capacity, with nation-leading investments, new lease areas, and permit approvals. On January 5, as part of the State of the State, Governor Kathy Hochul announced a plan to invest Read More

ORES Issues Final Regulations for Streamlining Siting, Permitting, and Development of Large-Scale Renewables

On March 3, 2021, New York State’s newly formed Office of Renewable Energy Siting (“ORES”) issued final regulations for streamlining the siting, permitting, and development of large-scale renewable energy projects in the State.  The regulations were promulgated pursuant to the Read More

University of North Carolina School of Law, J.D., 2007

University of North Carolina, M.S., Organic Chemistry, 2004

Duke University, B.S., 2002

New York, 2009

Connecticut, 2011

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of New York

New York Appellate Division, 2nd Dept.

Music by the Glass, Board of Directors

Acadia Center, Secretary, Board of Directors

Asian American Bar Association of New York, Member