Michael Vhay concentrates his practice on representing companies in the energy and real estate sectors. He advises and represents energy suppliers and consumers in federal and state courts, before federal and state administrative agencies and in arbitration. He also has extensive experience as trial counsel to owners and developers, as well as opponents of development, in zoning, land use, affordable housing, land title, environmental and related insurance disputes.

In his practice, Mr. Vhay advises owners and developers of traditional power plants and renewable-energy facilities on a range of issues, including electricity purchase and sale agreements, gas supply and tolling agreements, federal and state tariffs, and interconnection and facility construction agreements. He also assists energy suppliers and consumers in understanding federal and state regulations, standard industry agreements, and regulatory developments.

Mr. Vhay is a former co-chair of the Boston Bar Association’s Energy and Telecommunications Committee, and is a member of the Environmental Law Section. In 2002, he was appointed to the BBA's task force on civility in the legal profession. He is a member of the American Bar Association's Litigation Section, serving on the Condemnation, Zoning & Land Use Litigation and Energy Litigation Committees. From 1996 to 2005, he was a member of the Conservation Commission of the town of Milton, Massachusetts. Mr. Vhay is currently a member of the National Association of Industrial Office Properties’ Massachusetts Energy and Infrastructure Committee. He is listed in Best Lawyers for 2008.

On energy matters, Mr. Vhay has:

• Represented independent power producers in regulatory proceedings in Massachusetts and New Jersey involving electric-industry restructuring.
• Represented FPL Group in obtaining Massachusetts regulatory approvals for its $985 million purchase of 88 percent of the ownership interests in the Seabrook Nuclear Generating Facility.
• Represented a coalition of providers and consumers of distributed generation systems in regulatory investigation into model interconnection tariffs, with emphasis on standby rate designs, demand-side management, resource planning, and service-quality standards.
• Represented a power-plant owner in a challenge to the legality of Massachusetts "Filthy Five" air emissions regulations, and advised owner on permitting requirements.
• Represented Cape Wind Associates, the developer of a proposed 468-MW offshore wind farm, in litigation defending the project's initial federal permits.
• Represented a former owner of hydroelectric dams in the northeastern US in FERC proceedings to recover federal headwater benefits.
• Represented the National Association of Industrial and Office Properties in an investigation of initiatives to spur increased activity in the deregulated electricity market.
• Assisted a major research university in assessing a proposed purchase of natural gas-powered fuel cells.
• Advised a global financial services firm in negotiations to terminate its energy-services agreement, and to enter into a similar agreement with a new energy provider.
• Represented Jamaica Public Service Company (the former state-owned utility of the Government of Jamaica) in a New York state court dispute concerning reinsurance coverage for a $90 million boiler explosion.
• Represented a developer of a proposed 550-MW combined-cycle gas-fired plant in Massachusetts in challenges to the plant's zoning and air-emissions permits. Negotiated one of the Commonwealth's first option agreements for purchase of air-emissions credits.
• Represented the developer of a combined-cycle gas-fired plant in Rhode Island in negotiations with transmission provider for interconnection rights.
• Advised independent power producers on claims and defenses to claims under multimillion-dollar, long-term power purchase agreements.
• Represented major industrial user of electricity in negotiating arrangements for electricity and heat.
• Defended Berkshire Wind Power, LLC, a developer of an onshore wind farm, against zoning and nuisance claims.
• Advised not-for-profit organization on its efforts to sell renewable-energy and conservation credits in the New England wholesale electricity market.
• Advised developer of distributed generation and solar-energy systems on federal and state regulatory matters.

On real-estate, environmental and insurance matters, Mr. Vhay has:

• Represented title-insurance companies in insurance-coverage, agency-agreement and recoupment litigation, including defense of major insurer in eighteen lawsuits filed nationwide.
• Defended insurance carrier in federal- and state-court environmental coverage and bad-faith settlement practices lawsuits.
• Represented several limited-dividend and not-for-profit organizations in defending their permits under Mass. General Laws, chapter 40B, to build affordable housing.
• Advised landlords and tenants on eviction and lease-termination matters, utility disputes, collection and easement litigation. 
• Defended mortgage holders and landowners against challenges to their title, including claims of defective foreclosure, surveyor malpractice and forgery.
• Defended state steamship authority against claims that its operations caused damage to a nearby marina.
• Defended condominium time-share's trustees against claims of unauthorized use of common areas. 
• Advised commercial and industrial clients on responses to state environmental-enforcement actions, including actions relating to wetlands, air pollution, water pollution, disposal of toxic materials, and illegal wastewater discharges. 
• Defended steamship authority against claims that its parking operations are subject to local open-air parking regulations.

Reported Decisions

• Celentano v. Fellsway Development, LLC, 17 L.C.R. 112 (2009)
• Awuah v. Coverall North America, Inc., 554 F.3d 7 (1st Cir. 2009)
• Samaan v. Tryon, 16 L.C.R. 553 (2008)
• Higby/Fulton Vineyard, LLC v. Board of Health of Tisbury, 70 Mass.App. 848, 877 N.E.2d 955 (2007)
• Bangor Hydro-Electric Co., 121 FERC P61,271 (2007)
• Turner v. Wright, 15 L.C.R. 553 (2007)
• Coverall North America, Inc. v. Div. of Unemployment Assistance, 447 Mass. 852, 857 N.E.2d 1083 (2006)
• Goren v. Town of Weston, 14 L.C.R. 423 (2006), affirmed, 71 Mass. App. 1104, 879 N.E.2d 139 (2008)
• Alliance to Protect Nantucket Sound, Inc. v. US Department of Army, 288 F.Supp.2d 64 (D.Mass. 2003), affirmed, 398 F.3d 105 (1^st Cir. 2005)
• Hancock v. Commissioner of Education, 443 Mass. 428, 822 N.E.2d 1134 (2005)
• In re Great Northern Paper, Inc., 318 B.R. 613 (D. Me. 2005)
• Stamell v. Hancock, 12 L.C.R. 340 (2004)
• Stanley Realty Holdings, LLC v. Zoning Bd. of App. of Watertown, 12 L.C.R. 301 (2004)
• Town of Barnstable v. Unknown Owners, 12 L.C.R. 391 (2004)
• Stamell v. Dietz, 10 L.C.R. 57 (2002), affirmed, 60 Mass. App. 1103, 798 N.E.2d 4046 (2002)
• Durand v. Paturzo, 10 L.C.R. 37 (2002), reversed sub nom. Durand v. IDC Bellingham LLC, 440 Mass. 45 (2003)
• Tofias v. Energy Facilities Siting Board, 435 Mass. 340, 757 N.E.2d 1104 (2001)
• R&L Properties, Inc. v. City of Boston, 9 L.C.R. 470 (2001)
• Stern v. Supreme Judicial Court for Massachusetts, 184 F.R.D. 10 (D.Mass. 1999), reversed sub nom. Stern v. US District Court for District of Massachusetts, 214 F.3d 4 (1^st Cir. 2000)
• Town of Bourne v. Plante, 429 Mass. 329, 708 N.E.2d 103 (1999)
• Bonilla v. Volvo Car Corporation, 150 F.3d 62, 150 F.3d 77, and 150 F.3d 88 (1^st Cir. 1998)
• United States v. Brimage, 115 F.3d 73 (1^st Cir. 1997)
• Trans National Communications, Inc. v. Overlooked Opinions, Inc., 877 F. Supp. 35 (D. Mass. 1994)