Carlos E. Colón-Franceschi

Carlos E. Colón-Franceschi is a founding shareholder and director at TCM. His practice focuses on environmental, energy, natural resources, land use, and permitting law. Before co-founding TCM, he practiced in the environmental law departments of two of Puerto Rico’s largest law firms.

Mr. Colón-Franceschi advises clients on federal and Puerto Rico environmental, energy, land use, and natural resources laws and regulations, with a particular emphasis on Clean Air Act permitting and compliance, hazardous waste, Puerto Rico’s energy regulatory framework, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Clean Water Act compliance, and environmental permitting for complex development and infrastructure projects. He has significant experience counseling clients throughout all phases of project development, including environmental due diligence, permitting strategy, regulatory compliance, and agency coordination.

His practice has expanded significantly in recent years to include the development and permitting of conventional and renewable energy projects, including utility-scale and distributed generation facilities, battery energy storage systems (BESS), natural gas infrastructure, cogeneration facilities, and related transmission and interconnection matters. He regularly advises project developers, lenders, utilities, and industrial clients on the environmental and regulatory requirements applicable to energy projects in Puerto Rico.

Mr. Colón-Franceschi also has extensive experience advising clients on zoning, land use, and permitting matters before Puerto Rico’s land use and permitting agencies. He assists developers, property owners, and industrial clients in securing land use approvals, construction and operational permits, environmental authorizations, and other governmental approvals necessary for commercial, industrial, manufacturing, and energy projects.

His work has required appearances before the U.S. Environmental Protection Agency (EPA), the Puerto Rico Energy Bureau, the U.S. Army Corps of Engineers (USACE), the Puerto Rico Department of Natural and Environmental Resources (DNER), the Office of Permits Management (OGPe), the Puerto Rico Planning Board, the Puerto Rico Aqueduct and Sewer Authority (PRASA), the U.S. District Court for the District of Puerto Rico, and the U.S. Court of Appeals for the First Circuit.

When necessary, Mr. Colón-Franceschi litigates to challenge the validity of local environmental regulations and permitting decisions. He maintains an active permitting and regulatory compliance practice involving new-source construction and facility modifications under Puerto Rico and EPA programs, including New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), Title V operating permits, and Prevention of Significant Deterioration (PSD) requirements.

Mr. Colón-Franceschi has extensive experience obtaining and modifying air, water, wetlands, land use, solid waste, and other environmental permits for new developments and modifications to existing facilities across a broad range of industries, including renewable energy, battery energy storage, natural gas, cogeneration (combined heat and power (CHP)), pharmaceuticals, petroleum products distribution, cement manufacturing, waste reclamation and recycling, commercial and mixed-use developments, and wastewater treatment.

He has also represented Puerto Rico government entities in matters culminating in complex negotiated settlements with the EPA and the U.S. Department of Justice to resolve alleged Clean Water Act violations related to municipal separate storm sewer system (MS4) stormwater management programs.