Barclay Damon clients are on the forefront of developing innovative renewable energy projects, and our renewable energy team’s deep understanding of related laws, policies, and economics helps them successfully navigate the challenges facing this growing industry.
We represent project developers, independent power producers, utilities, power purchasers and sellers, installers, manufacturers, and construction companies in a wide variety of renewable energy sectors, including hydropower, solar, wind, biomass, and fuel cell and battery storage. We also have extensive experience representing clients in complementary areas, including transmission, microgrids, and distributed energy.
Our attorneys advise on all aspects of development, financing, acquisition, licensing and permitting, operation, and valuation related to the renewable energy industry, including:
- Conducting due diligence and negotiating deals for project finance, mergers and acquisitions, and real property transactions
- Advising on site acquisition and project development
- Forming entities and ownership structures
- Handling all aspects of environmental permitting and compliance, local land use and zoning approvals, and environmental review of projects by federal, state, and local governmental agencies
- Handling all aspects of regulatory approvals, licensing, certifications, and other necessary authorizations by federal and state governmental agencies, including the Federal Energy Regulatory Commission (FERC), state public service commissions, and research and development authorities, among others
- Negotiating power purchases, swaps and derivatives, REA and REC sales and conversions, interconnections, commercial leases, and all types of contracts and agreements, including those involving renewable portfolio standards
- Providing advice on available grants and other economic incentives, including renewable energy tax credits
- Advising on complex property rights, including water and easement issues
- Advising on real property tax management and negotiating tax mitigation options, including payments-in-lieu-of-tax (PILOT) agreements and other exemptions
- Representing clients in research and development and in protecting their intellectual property
Our renewable energy team includes attorneys who worked as in-house counsel and senior officers at large utility companies with significant renewable energy holdings. Others have served on boards of renewable energy companies. These positions provide our clients with unique insight into the business and operational side of the industry.