Jorge L. San Miguel is a Senior Managing Director at Ankura with more than 25 years’ experience working on complex legal business matters, including operational and compliance issues, infrastructure, permitting, due diligence, environmental, energy, specializing in environmental law, compliance, and related government/regulatory affairs. He has represented businesses and government entities before the US Environmental Protection Agency, the US Army Corps of Engineers, the USVI Department of Planning and Natural Resources, the Puerto Rico Environmental Quality Board, the Puerto Rico Department of Natural and Environmental Resources, the Puerto Rico Electric Power Authority, and the Puerto Rico Aqueduct and Sewer Authority, among others.
Jorge’s professional experience includes:
- Represented a creditor on Puerto Rico legislative developments, fiscal and restructuring plan matters, local economic developments, and US Congress involvement pertaining to Puerto Rico’s fiscal and economic crisis. Invited to testify before the US Congress’ Subcommittee on Energy and Mineral Resources, House Committee of Natural Resources, on January 2016, on the matter of “Exploring Energy Challenges and Opportunities Facing Puerto Rico.” Collaborated with congressional representatives in matters pertaining to the Puerto Rico Oversight Management and Economic Stability Act of June 30, 2016 (PROMESA).
- Represented Amgen Manufacturing Ltd. on its manufacturing site energy master plan, including energy sourcing from onsite/collocated LNG, photovoltaic, and waste-to-energy production. Project sought to leverage greenhouse gas reduction policies. Negotiated terms and conditions for WTE facility and a development schedule, as well as interconnection with the PREPA.
- Represented private entity on federal and local Safe Drinking Water Act sampling, reporting, and compliance issues.
- Worked with landowner on long-term lease negotiations for utility scale 57 MW solar project (Yarotek) in Isabela, Puerto Rico.
- Counseled and advised a Resource Recovery/WTE Facility proponent on pre-development and development efforts to permit and license a $750 million, 80 MW, base load energy generating facility using municipal solid waste and related refuse. Subject matter issues involved power purchase and operation agreements with PREPA, local land use and environmental permitting, federal permitting before the US EPA and US COE, an environmental impact study drafting and approval process, landfill compliance issues, municipal solid waste agreement, community outreach, strategic communications, and government affairs.
- Represented wind and solar renewable energy proponents in PPOA before the PREPA, other PPOA holders, various government agencies (PRIDCO, PR Land Authority, municipalities) on siting consultation matters and related permitting and compliance.
- Represented Siemens Energy, Inc. on electric utility restructuring scenarios, LNG combined cycle power plant evaluation, planning and pre-development matters, power plant sizing, fuel options, location, community, and related issues. Negotiated related agreements with joint venture partner (Puma Energy Caribe, LLC) and prepared a response to request for expression of interest for development of new generation assets.
- Counseled a municipal waste hauler (ARB Waste) on permitting, compliance, recycling, and location/siting matters related to its Puerto Rico operations, expansion plans, and potential sale.
- Counseled a government entity on superfund liability and compliance matters involving two former municipal landfill sites listed by the US EPA in the National Priorities List (former Juncos Landfill; former Vega Baja Landfill). Negotiated between potentially responsible parties and the US EPA on liability apportionment, long-term operation and maintenance plans, reporting and overall compliance, landfill closure, community relations, and residential relocation issues.
- Worked with counsel and management for ExxonMobil in a $90 million administrative penalty enforcement case under the RCRA/LUST program, Puerto Rico’s largest such enforcement case, including remediation, removal, health and geological assessments, and UIC issues, before the state environmental enforcement agency, the US EPA, and federal court proceedings.
- Worked with counsel and management of a major US filter-membrane manufacturer (commercial, medical, and pharmaceutical filters), in a $75 million administrative penalty enforcement case for hazardous solid waste under federal statutes RCRA and CWA. Advised client on regulatory compliance matters under federal and local statutes, litigation strategy, community and grassroots outreach, and related communications involving high-profile case.
- Worked with private and public sector clients on compliance, permitting, reporting, remedial, and removal actions involving commercial/corporate transactions, regulatory enforcement, reporting, facilities response plans, spill prevention control and countermeasures, contamination incidents from underground storage tanks, underground injection control systems, bulk petroleum, and fuel storage facilities and pipelines; review and counseling on business standards (including FCPA matters); RCRA, CAA, CWA, CERCLA, SDWA enforcement and permitting/reporting compliance matters.
- Worked on asbestos, lead paint enforcement, compliance, and removal matters, regarding real estate and M&A transactions.
Honors & awards
- Recognized in the 2015 Latin America Edition of Chambers & Partners as a Leading Individual in Environmental Law
- Recognized as a Best Lawyer in Puerto Rico for Corporate and M&A Law (2015) by Best Lawyers® International, an organization with a Board of Advisors comprised of leaders from the world’s leading law firms and General Counsel of Fortune 500 and Global 500 companies
- Recognized by Best Lawyers® as Lawyer of the Year Corporate and M&A Law 2014
- News & events
- 28th Annual Meeting of the Pharmaceutical Industry Association of Puerto Rico, 2/22/2018, Moderator: “PR Electrical System Renewal: Building a Robust and Resilient Energy System,” San Juan, Puerto Rico
- Pharmaceutical Industry Association of Puerto Rico (PIA), 27th Annual Meeting, 9/29/2016, “Congressional Task Force on Economic Growth in Puerto Rico,” Puerto Rico Sheraton Convention Center
- Puerto Rico Chamber of Commerce, 8/31/2016, speaker & panelist, “1st PROMESA Conference,” with John Rapisardi, Esq., Richard Larkin, Puerto Rico
- Builders Association of Puerto Rico (Asociación de Constructores de Puerto Rico), 8/17/2016, “What’s Next for Puerto Rico? Emerging Challenges and Decisions,” Puerto Rico
- Business Council for Latin America, CEAL (Puerto Rico Chapter), 5/5/2016, “Economic Transformation and Restructuring Conference,” speaker & panelist, with, Jim Millstein, Claudio Loser, Jose Sosa Llorens, Esq., Puerto Rico
- Monthly Meeting of the Association of General Contractors of America-PR Chapter, 4/28/2016, “Puerto Rico’s Situation in Washington, DC; Implications for the Island and Construction Industry; Impact of the New Moratorium Act 21-2016,” Puerto Rico
- US House of Representatives, 1310 Longworth House Office Building, 2/10/2016, American Action Forum, “Changing Course: The Policies Needed to Improve Puerto Rico’s Fiscal Health,” Keynote: US Cong. Sean Duffy (WIS-7th District), Chairman House Financial Services Oversight and Investigations Subcommittee; Other Panelists: Barry Bosworth, Charles Blitzer, Andrew N. Rosenberg, Nick Timiraos, Puerto Rico
- University of Puerto Rico Business Law Journal Symposium, 2/3/2016, panel: “Public Debt and the Future of Puerto Rico” (La Deuda Pública y el Porvenir de Puerto Rico), with, Marty Kopacz, Patrick Darby, Esq., Puerto Rico
- US Congress, Subcommittee on Energy and Mineral Resources, House Committee of Natural Resources, Hearing: “Exploring Energy Challenges and Opportunities Facing Puerto Rico,” US Congress, Longworth House Office Building, witness, 1/12/2016; other witnesses: Lisa Donahue, Jaime L. Sanabria, Carlos Rivera Velez, P.E. Chairman: US Congressman Doug Lamborn
Insights & innovation
- “Puerto Rico Debt: Credibility is The Crisis,” American Bankruptcy Institute, 5/2016, co-authored with Sonia Colon, Esq.
- “Legislative Update: Proposed Puerto Rico Recovery Law – PROMESA,” American Bankruptcy Institute, 5/2016, co-authored with Sonia Colon, Esq.
- In the community
- Interamerican Association of Sanitary Engineers and Environmental Sciences – PR Chapter (AIDIS-PR), annual membership; contributes to the education and improvement of environmental, health and sanitary conditions in the Americas.
- Puerto Rico Conservation Trust, Advisory Council Member (1998-present), Chair (2010-2015). Trust is a non-profit dedicated to the conservation of historic monuments, land acquisition, and protection of valuable ecosystems throughout the islands comprising Puerto Rico.
- AH270Center for Economic Renewal, Growth and Excellence (CRECE by its Spanish acronym), Founding Board Member (2013–present). CRECE is a non-profit dedicated to formulating, disseminating and implementing policies and practices that promote personal responsibility, entrepreneurism, economic renewal, opportunity and freedom in Puerto Rico, and in Latino communities in the mainland U.S., to maximize social well-being, growth and prosperity.