Renewable Energy

We represent developers, investors and project owners in the sale and purchase of renewable energy projects and assets, both domestically and internationally. We routinely negotiate asset and equity purchase agreements, project governance documents and other critical project agreements. For proposed investments and acquisitions, our extensive experience in project development enables us to provide comprehensive yet efficient analyses during the due diligence process, including the evaluation of environmental and permitting risks, assessment of the real property and other rights and assets essential to a project and review of applicable federal and state regulatory and tax issues, including federal, state and local tax credits and other incentives.

In addition to M&A, our energy lawyers have played a key role in the financing of thousands of megawatts of wind, solar and other forms of renewable energy projects. We combine our broad energy finance experience with detailed knowledge of the tax credits and structuring considerations specific to the planning, financing, construction and operation of renewable energy facilities. Our tax lawyers have extensive experience in analyzing and applying IRS and Treasury guidelines with respect to beginning of construction requirements for certain renewable energy projects, and placing such projects into service for federal income tax purposes in a matter that maximizes eligibility for tax credits.

Unlike firms that focus exclusively on project finance, our knowledge of the commercial issues and our experience in siting, permitting, real estate, regulatory and other aspects of project development means that we can often handle the local counsel issues in-house while providing more practical and insightful due diligence support. This enables us to provide more comprehensive and cost-effective representation for our clients in both project financing and M&A involving project developers, portfolios or individual projects.

Locke Lord has one of the leading practices in the nation representing project developers in the siting, permitting and development of renewable energy projects. We provide strategic counsel to developers in scoping and scheduling the suite of resource assessments necessary to ensure that a project demonstrably minimizes its impact on environmental resources and the surrounding community. Our vast experience in permitting projects gives us key insights into the expectations and sensitivities of local, state and federal officials, which we use to advise our clients on building support for the project and methods for avoiding confrontation and delay. When permits are necessary, our renewable energy lawyers have a strong track record in securing needed authorizations essential to the economic success of a project, from county special use permits to major environmental and land use permits.

• Wildlife and Environmental Issues
  We routinely advise clients on permitting and compliance under the federal Endangered Species Act (ESA), Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act and similar state wildlife laws as well as traditional environmental laws, including the federal Clean Water Act, Clean Air Act and the myriad of laws governing issues such as water supply, waste management and spill response. We serve as a key part of the client’s project team, providing practical and strategic advice on all aspects of project permitting. Our lawyers have played a leading role in major permitting initiatives, including the Midwest Wind Energy Multi-Species Habitat Conservation Plan, helping devise solutions to issues that have confounded the industry and regulators, such as methods for implementing the Evidence of Absence biostatistical framework to facilitate the issuance of incidental take permits (ITPs) for endangered and threatened bats. We have obtained two of the only seven ITPs issued nationwide for incidental take of bats at wind energy projects, and have saved our clients millions of dollars in lost generation and mitigation costs.
• Leasing, Tax Abatements and Local Issues
  Locke Lord has been representing developers in project leasing and local government issues, such as tax abatements and infrastructure agreements, since the late 1990s. We effectively manage relationships with local governments and stakeholders to ensure project acceptance or successfully manage opposition elements. Our team includes some of the most experienced lawyers in the industry on these issues, enabling us to provide the kind of practical, insightful advice that can only come from deep experience and understanding of the industry.

Locke Lord has a robust practice advocating for clients in front of the Federal Energy Regulatory Commission (FERC) as well as a number of state public utility commissions and energy facility siting boards. We have assembled broad coalitions of generation developers and owners to lobby the FERC on critical policy initiatives involving generation interconnection, transmission and market design.

Our involvement extends across all major regional transmission organization (RTO) markets, including:

• Electric Reliability Council of Texas (ERCOT)
• Midcontinent Independent System Operator, Inc. (MISO)
• PJM Interconnection, L.L.C. (PJM)
• Southwest Power Pool, Inc. (SPP)
• California Independent System Operator Corp. (CAISO)
• New York Independent System Operator (NYISO)
• ISO New England, Inc. (ISO-NE)

Capitalizing on our deep experience to support renewable generation, Locke Lord also pioneered and made over 100 reactive power filings at the FERC, resulting in our clients receiving awards of millions of dollars per year for the next 30 years for existing renewable generation projects.

Drawing from our deep roots in the energy space, Locke Lord’s energy lawyers bring to bear experience from a wide range of engagements in the fossil and renewable power arenas for the benefit of our clients and their projects. Our team has handled myriad power development, supply, trading, retailing and lending issues for clients in their development efforts, giving us an intimate understanding of the interrelation of each aspect of the business. More than just negotiating a power purchase agreement, we are able to advise our clients on matters such as how retail customer credit quality will impact the wholesale supply and financing of generation development. When typical structures will not work, this deep understanding of the energy markets gives us the ability to propose creative solutions to achieve our clients’ desired results.

• Represented one of the world’s largest renewable energy developers in the acquisition of a 6,000 MW portfolio of wind and solar development projects across the United States
• Represented a leading international energy developer with multiple construction loan and tax equity financing transactions for wind projects with a collective value of over $1 billion and total capacity of 1,000 MW
• Representing numerous wind and solar generation owners to recover reactive power compensation for over 50 projects located in the MISO or PJM markets
• Represented wind energy developers on permitting strategy and conservation plan development for impacts to endangered bats, eagles and other protected species, including obtaining issuance of five incidental take permits under the Endangered Species Act
• Represented international renewable energy developer in negotiation of physically and financially settled power purchase agreements with multiple commercial and industrial offtakers for a portfolio of solar and wind projects
• Represented major wind energy developer on leasing, tax abatement and state regulatory issues for over a dozen wind projects in the State of Texas