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RenewableEnergy

Our attorneys provide clients with unique insight into the business and operational side of the renewable energy industry as well as the perspective of the relevant regulatory agencies.

Overview

Barclay Damon’s clients are on the forefront of developing, owning, and operating renewable energy projects, from innovative demonstration projects to behind-the-meter and community distributed generation to utility scale projects. The energy industry continues to transform with an increasing portion of the power sector comprised of renewable energy resources. More capital flow is also supporting new renewable energy technologies. The related legal and regulatory environment is evolving in response to these industry changes. Our Renewable Energy Team members use their national experience and deep understanding of this developing legal landscape and related policies and economics to help clients successfully navigate the challenges facing this thriving industry, with in-depth experience in the development, siting, financing, ownership, and operation of renewable energy projects.

Our bench of attorneys includes former in-house counsel and senior officers at large utility companies, individuals who served on renewable-energy company boards, and former in-house counsel at state agencies involved in the siting and environmental review of renewable energy projects. Our attorneys provide clients with unique insight into the business and operational side of the renewable energy industry as well as the perspective of the relevant regulatory agencies.

We represent renewable energy project developers and companies, private equity investors, independent power producers, utilities, power purchasers and sellers, retail suppliers, community choice aggregators, installers, manufacturers, and construction companies across a wide variety of renewable energy sectors, including:

  • Solar
  • Wind
  • Hydropower
  • Energy storage
  • Biomass

Our renewable energy attorneys advise on all aspects of development, financing, acquisition, licensing and permitting, operation, and valuation related to the renewable energy industry, including:

  • Due diligence, mergers and acquisitions, and project financing, including financing transactions involving the NY Green Bank
  • Environmental permitting and compliance, local land use and zoning approvals, and environmental review by federal, state, and local governmental agencies
  • Regulatory approvals, licensing, certifications, and other necessary authorizations by state and federal governmental agencies, including the NY Public Service Commission (PSC)
  • Interconnection studies and process before independent system operators (ISOs) and regional transmission organizations as well as interconnection agreements with local distribution utilities
  • Power purchases, net-metering credit purchase agreements, swaps and derivatives, REA and REC accounting, trading and conversions, and agreements involving renewable portfolio standards
  • Real property tax management and tax mitigation options, including payments-in-lieu-of-tax (PILOT) agreements and other exemptions
  • Grants and other economic incentives, such as investment and production tax credits for renewable energy projects
  • Site acquisition, commercial leases, and other real property transactions
  • Complex property rights, including water and easement issues
  • Construction contracts and disputes
  • Business formation and restructuring
  • Research and development and intellectual property protections
  • Policy, regulatory, and legislative issues and governmental relations
Team Members
Representative Experience
  • Represented a solar project developer in obtaining a credit facility from the New York Green Bank for developing a solar energy project.

  • Represented a hydroelectric developer in its acquisition of a hydroelectric facility in Oregon, including negotiating an acquisition agreement and conducting due diligence involving environmental and real estate issues and permits.

  • Completed environmental and real property due diligence in connection with a series of equity investment transactions in several solar energy facilities in Massachusetts and New York, and as local counsel, advised our client, the investor, of the legal and business risks and prepared permit schedules for closing.

  • Acted as special counsel to the client in connection with the execution and delivery of certain loan documents to obtain funding for a solar photovoltaic electric generating project.

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