Albert “Bert” Acken

Mr. Acken represents clients in public utility commission and other administrative proceedings, compliance and enforcement matters, and environmental and real estate litigation. With respect to public utility commission matters, he represents clients to obtain siting authority for transmission lines, power plants, and interconnections for utility-scale solar and wind projects, in proceedings regarding transmission and generation resource planning, and in rate cases. He also represents energy, utility, mining, and remediation clients in business transactions. Mr. Acken is an active member of the business community and serves as board counsel for an aggregate mining trade association. Mr. Acken is recognized as a leader in his field by The Best Lawyers in America^© in the category of Environmental Law and Chambers USA in the area of Environmental (including water rights).

Admitted to Practice

• Arizona (2002)
• Colorado (2014) (Inactive)

Court Admission

• U.S. District Court, District of Arizona (2007)
• U.S. Court of Appeals, Ninth Circuit (2005)
• U.S. Court of Appeals, Tenth Circuit (2013)

• Obtained state siting approval for the largest wind project permitted in Arizona on behalf of independent developer and operator
• Represented municipalities in public utility commission proceedings against private water and wastewater utility regarding provision of safe and reasonable services
• Represented international technology company to revise regulated electric utilities’ tariff to authorize exclusive use of renewable energy for data centers
• Represented the first merchant transmission line project to seek and obtain state siting authority for a 200-mile transmission line project
• Represented mining trade association in state and local regulatory rulemakings and legislative proceedings regarding air quality, water quality, and reclamation
• Assisted several mining and manufacturing facilities in navigating state CERCLA-equivalent investigation and cost allocation proceedings
• Defended clients in agency enforcement actions under air, water, and waste regulatory regimes
• Represented clients with respect to indoor air quality, mold, and water damage claims and litigation matters
• Coordinated review of land positions, mineral title, corporate structure, water availability, and permitting status and compliance for various mining projects
• Managed 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

Arizona Rock Products Association

• Member, Board of Directors

• The Best Lawyers in America^©, Environmental Law (2021 – 2023); Energy Law (2021 – 2023); Litigation – Environmental (2023)
• Chambers USA, Environment – Band 3 (2014 – 2022)
• Southwest Super Lawyers Rising Stars^®, Environmental (2012 – 2013)
• Arizona Foundation for Legal Services & Education, “Top 50 Pro Bono Attorneys in Arizona” (2012)