M. Todd Osterloh
Member
859.255.8581
An experienced energy and utilities law attorney, Todd is on the leading edge of solar energy law, working with over a dozen energy corporations on construction of utility scale solar projects in Kentucky. Along with Jim Gardner, Todd filed the first applications for construction certificates of solar-energy generating facilities with the Kentucky State Board on Electric Generation and Transmission Siting. He has also represented solar developers in obtaining local government permits. Todd represents solar developers, transmission companies, and other companies in the energy sector.
As a former Public Service Commission Staff Attorney and with significant experience in private practice, Todd is well-equipped to represent solar developers, utilities and intervenors in any case before regulatory agencies. His primary practice areas involve utility regulation and municipal defense, and he serves as counsel to the second largest investor-owned water utility in the Commonwealth, as well as representing a number of municipal utilities before the Commission.
Todd has represented more than two dozen municipalities in a wide variety of matters, including water and sewer cases, and advises public agencies on eminent domain as well planning and zoning matters. He also represents cities and their law enforcement officers on cases alleging false arrest, malicious prosecution, abuse of force, wrongful death and wrongful conviction.
Areas of Practice
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Represented more than a dozen solar developers on a portfolio of projects totaling approximately 2,000 MW, including obtaining necessary permitting from the Kentucky Siting Board and local agencies.
Successfully represents a global energy company in its bid to purchase a regional power company.
Represents an industry group on regulatory issues impacting commercial utility customers.
Represented public utilities and municipalities in rate cases before the Public Service Commission.
Successfully defended a public utility in a “show cause” investigation established by the Public Service Commission.
Assisted a water district in obtaining approval for Kentucky Infrastructure Authority financing and a certificate of public convenience and necessity from the PSC.
Represented a public utility and its corporate parents in an administrative case in which the entities received approval of a transfer of control.
Defended several municipalities in litigation involving sanitary sewer backups onto private property.
Obtained summary judgment on behalf of a municipality and its police officer on claims of false arrest and malicious prosecution in federal court.
Successfully briefed arguments related to municipal contracts on behalf of a municipality, its mayor, and city council members, for which the Kentucky Court of Appeals upheld dismissal of the plaintiff’s complaint.
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Best Lawyers in America®: Utilities Law Lexington Lawyer of the Year (2021)
Best Lawyers in America®: Energy Law; Utilities Law; Municipal Litigation
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Taxpayer Revolt, Enhanced Scrutiny of Special Districts, and House Bill 1, KBA Bench and Bar Magazine (March 2014)
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Problems with Public Records Requests, CLE presentation for the National Business Institute “Advanced Legal Issues Affecting Local Government and Municipalities: The Ultimate Guide” (November 2018)
Open Meetings and Public Hearing Law Changes, CLE presentation for the National Business Institute “Advanced Legal Issues Affecting Local Government and Municipalities: The Ultimate Guide” (November 2018)
Panel Discussion of Open Records/Open Meetings, CLE presentation for the Municipal Attorneys Association of Kentucky (MAAK) (May 2018)
Open Meetings Laws & Public Records Issues, CLE presentation for the National Business Institute “Ensuring Local Governments Comply with the Law” Seminar (2017, 2015, 2013)
Advanced Legal Issues Affecting Local Governments and Municipalities: An Ultimate Guide, National Business Institute CLE (December 2016)
Numerous CLE presentations on the Open Records and Meetings Acts at the Water Personnel Training Seminars hosted by the Public Service Commission.
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University of Kentucky, J.D.
Kentucky Law Journal, Editor-in-Chief
Western Kentucky University, B.A.
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In addition to advising clients in energy and municipal law, Todd expanded his practice when he and his wife expanded their family. Since adopting a son several years ago, Todd has helped more than a dozen families finalize the adoption of a child. Although adoptions are not a large percentage of his practice, they are some of the the most rewarding. He has represented parents in adoption finalizations in Fayette, Franklin, Anderson, Jessamine and Scott Circuit Courts.
