Project Development

We provide support at every stage of project development, from site acquisition, fatal flaw analysis and permitting, and regulatory compliance, through off-take contracting, construction, and operational arrangements. At every stage, we identify barriers to financing that must be avoided or mitigated. We have an ingrained sense of the practical aspects of project development, and strive to advise our clients realistically on what is achievable and what is financeable. Our experience advising project developers spans the country, from organized power markets to traditional markets with incumbent utility monopolies. We have been active in supporting the development of every size of project, from smaller-scale distributed generation to gas-fired projects measured in the hundreds of MW.

Our lawyers negotiate construction and operating agreements, energy purchase and sale agreements, fuel supply and transportation arrangements, and technology licenses. We provide real estate and environmental support for site control, permitting, and brownfield site issues. We structure joint ventures, partnerships, and joint ownership projects that combine investment and operating roles among developers, investor-owned utilities, cooperatives, municipal power entities, and equity funds. We also have significant experience with public-private partnerships and the privatization of municipal services.

We have represented distributed generation deal teams and project sponsors and originators in the creation of individual projects as well as substantial portfolios. For many clients, across numerous states, we have prepared and negotiated full sets of legal documentation, and navigated (and sometimes helped to modify) complex regulatory regimes.

We are experienced in negotiating land lease and land purchase agreements, net metering credit purchase and sales agreements, SREC forward purchase agreements, net metering credit and sales agreements, power purchase agreements, and other agreements related to successful renewable energy project development.