Renewable energy continues to become a more prominent part of the global energy industry, increasing opportunities for renewable energy generation, distribution, and growth. No matter how quickly the industry landscape shifts, our attorneys are equipped to help clients achieve their business and strategic objectives.
Adams and Reese’s renewable energy practice is a multidisciplinary team comprising a broad array of traditional energy project experience with attorneys who are pioneers in the renewable energy sectors. Our team members not only understand the legal aspects of renewable energy transactions, but we are intimately familiar with the key commercial issues that drive our clients’ businesses and success.
Our lawyers work with a broad spectrum of energy-sector clients including utilities; domestic and international upstream and midstream energy, gas storage and CO2 sequestration companies; private equity investors and banks; and land management companies. We handle a broad range of issues related to new and existing markets, energy contracts and regulations, project finance and taxation, contract and project development, project management, mergers & acquisitions, investments, intellectual property and licensing agreements, litigation, and economic development.
A Strong, Collaborative Team
Our renewable energy team draws on deep experience in the regulatory and transactional aspects related to energy projects and investments. Their broad range of practices include financing, real estate development, environmental, insurance, and mergers and acquisitions, as well as significant government relations experience with local, state, and federal agencies and entities. The team focuses on clear communication and collaboration to provide clients with well-rounded support.
The team also includes members with significant litigation experience, both with regards to administrative agencies and regulatory challenges as well as court disputes. We offer substantial experience in handling complex energy litigation matters, and several of our attorneys have spent their entire careers in this area. We also have extensive experience with class action matters and appeals, should the need arise.
Our team’s recent experience includes:
- Assisted a private equity investment group, in partnership with an operator, in the assessment of state regulations and tax incentives in preparation for the construction of a carbon sequestration facility.
- Represented a timberland investment management organization in the negotiation of a series of lease options for solar power projects in Virginia and Alabama.
- Represented a publicly traded construction company in a $500 million renewable energy retrofit project.
- Provided regulatory advice and contract negotiation for a cogeneration facility in North Charleston, South Carolina, which also involved the use of renewable energy credits and regulatory oversight by the Federal Energy Regulatory Commission (FERC)
Industry Experience
We have an extensive and diversified practice in the renewable energy industry. Our core practice includes:
Sustainable Forestry: We work with investors, land management, and timber companies on current law and policy trends for wind energy, green certifications, green products, carbon offsetting, biomass facilities and contracts, BCAP advice, conservation easements and water resources.
Environmental Regulatory: We provide counsel on compliance with all applicable federal, state, and local energy and environmental regulations, including advice on the preparation and filing of permit applications, and handling of contested and uncontested energy regulatory matters before state commissions. We have significant experience with the EPA, state environmental agencies, the Army Corps of Engineers, the Department of Agriculture and the United States Forest Service, among others, as well as multiple other state agencies and affiliates.
Carbon Capture, Utilization, and Storage (CCUS): Our team works with investors, developers, land owners and other entities interested in establishing carbon capture, utilization, and storage (CCUS) projects. Our team is skilled at structuring all aspects of these transactions (financial, regulatory, land, tax and contractual) to achieve our clients’ required outcomes.
Solar and Wind: We work with both private solar developers and public utilities on investments in solar and wind projects. We assist with site selection and land acquisition, regulatory advice, contractual negotiations, tax arrangements, and disputes.
Transactions and Economic Development: Our team assists clients with drafting of contracts, financing and state and local tax credits, and site selection, as well as licensure and permitting, regulatory procedures and other operational matters. This also includes negotiating and drafting agreements and leases for the exploration, development, acquisition, and sale of land and energy resources.
Litigation: We provide assertive counsel for contract disputes, accidents, mass tort, and complex or class action litigation, as well as an experienced appellate team.
Government Relations: Our team tracks, evaluates, and manages political risks and opportunities; drafts, monitors, and promotes legislation; examines and helps shape business objectives; conducts research and analyzes policy; drafts or delivers testimony; and prepares and distributes formal and informal advocacy material.
Construction: Our team has significant experience in renewable and sustainable energy construction. With our deep ties to the roofing industry, we are heavily integrated with the solar market, water reclamation, and harvesting. Our firm represents many energy guarantee savings contractors with wind, geothermal, alternative fuels, kinetic, solar, and water energy. We can also assist with biomass and carbon capture projects and have utilized technology solutions to help contractors achieve maximum energy efficiency.
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Carbon Capture, Utilization, and Storage
- Represented one of the country’s largest oil and gas producers in developing carbon capture, utilization and sequestration/storage (CCUS) projects in the Gulf Coast area.
- Represented a Fortune 500 bank holding company serving as Trustee of a family Trust that owns a super majority interest in a large tract of land in Louisiana in their negotiations with a CCUS operator interested in using the land for necessary infrastructure, such as pipelines and carbon storage. Adams and Reese represented our client in its capacity as Trustee in connection with the transaction, the first step of which was geological surveys to determine the land’s viability as a carbon sequestration site.
- Assisted a private equity investment group, in partnership with an operator, in the assessment of state regulations and tax incentives in preparation for the construction of a carbon sequestration facility.
Cogeneration and Geothermal
- Provided regulatory advice and contract negotiation for a cogeneration facility in North Charleston, South Carolina, which also involved the use of renewable energy credits and regulatory oversight by the Federal Energy Regulatory Commission (FERC).
- Represented a geothermal construction company in the creation of multi-million dollar licensing and construction projects.
Solar and Wind
- Represented a South Carolina utility and transmission provider in a litigation dispute with a solar developer, which heavily involved PURPA and the particulars of PPAs and Interconnection Agreements.
- Consulted the world's largest solar panel manufacturer on site-selection, incentive negotiation, and project specific services as the client looked into developing an advanced manufacturing warehouse and distribution facility in the U.S.
- Assisted a client with negotiating solar option agreements with a power and energy company in the Lower Atlantic Region.
- Assisted a Florida land trust corporation with solar panels issue which caused damage to property.
- Represented a solar energy project development company in conjunction with a public affairs company regarding a pending trade issue before the International Trade Commission that could affect the solar industry.
- Represented a publicly traded construction company in a $500 million renewable energy retrofit project.