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Renewable Energy

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The focus on ESG – environmental, social and governance – strategies to curb climate change has created increased opportunities for renewable energy.

Industry Overview

The focus on ESG – environmental, social and governance – strategies to curb climate change has created increased opportunities for renewable energy. Our team understands the key commercial issues and industry trends from the inside out as several members of the Renewable Energy team have served in-house, including at independent power producers and Fortune 500 global power and utility companies. Members of the team have also pioneered first-of-their-kind projects and partnerships to help companies "go green" through the procurement of clean energy, particularly within the technology sector.

We advise renewable project developers, investors, landowners, manufacturers, consumers, major integrated utility companies, independent power producers, facility operators, banks, private equity funds, and international diversified energy companies, in a broad range of complex transactional, litigation and regulatory matters nationwide. From immigration issues to power purchase agreements (PPAs), our attorneys address a full range of legal issues facing companies in all sectors of the renewable energy industry. 

Areas of focus include:

  • Solar
  • Wind
  • Battery storage
  • Biofuels
  • Carbon capture, utilization, and sequestration (CCUS)
  • Methane/biomass (including energy from waste and anaerobic digestion)
  • Hydrogen
  • Geothermal
  • Hydroelectric
  • Onsite generation/distributed energy
  • Sustainable Finance and Green Finance
  • Supported a request for proposal (RFP) for a PPA and supported negotiations of a retail supply agreement with a multinational technology company to power its data centers with renewable energy.

  • Counseled renewable developers in connection with the development and sale of multiple solar generation facilities, including the negotiation of related PPAs and renewable energy credit (REC) sales.

  • Represented commercial users with respect to acquisition of RECs and related virtual power purchase agreements (VPPAs).

  • Advised an investment fund in connection with its acquisition of a portfolio of solar generation projects, including related PPAs, VPPAs, community solar arrangements and other hedging measures.

  • Represented renewable developers in connection with the development and sale of wind generation farms, including the negotiation of related PPAs, REC sales, and financing arrangements, and participation in related RFPs.

  • Counseled retail electricity providers with respect to the acquisition and sale of renewable energy via PPAs, VPPAs, and REC purchase and sale arrangements.

  • Advised the developer in connection with a portfolio of biofuel production facilities, including the negotiation of project documents with respect to the facilities' offtake, feedstock, technology licensing, construction, operation and financing.

  • Negotiated a favorable settlement for one of the nation's largest independently owned petroleum marketing companies in a complex commercial transaction involving biodiesel and other natural fuels.

  • Represented a biodiesel manufacturing plant as debtor's counsel in its Chapter 11 bankruptcy.

  • Represented a manufacturer of solar power generation equipment located in California with respect to an RFP bid process and subcontractor agreement for construction of a power generation facility in South Africa.

  • Successfully represented an international construction, fabrication and engineering concern in litigation before the Eastern District of Washington involving allegations of fraud, gross negligence and construction defects related to the construction of silicon and silicate refining facilities for a subsidiary of a major European solar power concern.

  • Represented the purchaser of a solar energy contracting company, as part of the initial roll-up of a platform of related companies.

  • Representation of equity investors, lenders, and landowners in large solar energy facilities, including addressing real estate issues and state and local tax incentives.

  • Represented a major solar energy provider in a breach of contract declaratory judgment action arising out of an agreement to provide energy services to customers in New York, resulting in a settlement on favorable terms for the client.

  • Represented the general contractor in delay and inefficiency claims arising out of the construction of a 1.6 MW wind farm. After more than four weeks of arbitration and post-arbitration proceedings, the general contractor was awarded nearly the entirety of its claim along with interest and attorneys' fees.

  • Represented the equipment finance subsidiary of multiple banks in connection with the sale leaseback transactions of solar generation facilities in Alabama, Tennessee, Georgia.

  • Represented a buyer in its purchase of a leading residential and C&I solar power project developer from the founding partners.

Their client service is superb. They are on top of the case, keep us informed and are sensitive to our needs.

Baker Donelson really excels in matters related to the energy industry.

The firm is excellent. The team has done a fantastic job and handled the matter incredibly well.

The team is knowledgeable, patient and helpful.

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