Renewable Energy

Our robust Renewable Energy Practice, established over two decades ago, is at the forefront of the industry, providing comprehensive legal support for clients involved in energy projects across the United States and over 20 countries worldwide.

Overview

These desk reference guides provide thorough overviews of the most relevant law, policy, and procedure governing the wind and solar energy industries.

The Latest Editions:
The Law of Wind
The Law of Solar

Our firm's national presence offers clients more than 80 dedicated attorneys serving the energy sector. This team, one of the largest and most distinguished in the U.S., has a wealth of experience and knowledge in creating agreements, developing financing strategies, structuring deals, and offering counsel on tax matters. We routinely engage with other leading law firms in complex transactions and negotiations related to renewable energy projects.

Clients value our expertise, which ranges from strategic business planning, financing, environmental compliance, site permitting, mergers, and acquisitions. Stoel Rives has been instrumental in securing financing for renewable energy projects that total billions in investment, generating tens of gigawatts of renewable energy nationwide. We have also negotiated more than 5 G.W. in renewable power purchase agreements (PPAs) nationwide.

Prestigious ranking bodies such as Chambers USA, Chambers Global, and Best Lawyers® have consistently recognized Stoel Rives for our excellence in renewable and alternative energy law practice. Many of our attorneys have been individually acclaimed as “Lawyers of the Year” in their respective markets and practice areas.

Stoel Rives renewable energy practice covers a wide range of technologies:

Wind

Recognized as a global leader in wind energy law, Stoel Rives has been intricately involved with the development of some of the largest wind energy sites in North America. Our reach extends beyond U.S. borders, servicing clients throughout North and South America, Europe, the Middle East, Africa, and Asia.

Solar

In the solar power sector, we represent an extensive client base of developers, owners, operators, manufacturers, and contractors. We leverage our deep expertise in tax equity financing, renewable energy transactions, and project development.

Hydropower

Navigating the complex regulatory landscape of hydropower project licensing and relicensing is a cornerstone of our practice. We bring our wealth of experience to bear on all facets of Federal Energy Regulatory Commission (FERC) hydropower relicensing strategies and related federal and state proceedings.

Bioenergy

We are industry leaders in financing and developing biofuel production capacity. Our clients include trailblazers in ethanol and biodiesel production, biomass projects, and next-generation biofuels from innovative feedstocks.

Geothermal

Our work in geothermal energy includes landmark projects, such as the first-ever tax equity transaction to monetize Production Tax Credits (PTCs) generated by a geothermal project. We provide a full range of legal services for geothermal projects, from permitting and financing to power sales and operations.

Ocean Wind

As tidal and offshore wind energy become commercially viable, we offer counsel to developers, investors, utilities, and project owners. Our team's experience with pivotal government agencies adds unparalleled value to our services.

Distributed Generation

The evolution of energy production to a distributed sourcing paradigm is driving rapid industry change. We are active participants in the distributed generation marketplace, providing counsel on all aspects of financing, permitting, siting and construction, and the wide range of agreements and potential structures for delivering power to site hosts behind the meter.

Energy Storage

We work with energy storage developers on a wide variety of state and federal regulatory matters, including state regulatory proceedings in California, stakeholder proceedings for independent system operators and regional transmission organizations, and Federal Energy Regulatory Commission proceedings. We also assist in the negotiation and drafting of a series of industry agreements, financing documents, mergers and acquisitions, permitting, due diligence, and licensing issues.


Matters
  • Represented Atlantic Tele-Network (A.T.N.), a telecommunications provider, with the acquisition of all of the assets of Green Lake Capital, LLC, and certain of its affiliates (collectively, "Green Lake"), an owner and operator of commercial distributed generation solar power systems. Green Lake’s assets included 28 operational commercial solar projects at 59 sites throughout Massachusetts, California and New Jersey. The projects have an aggregate 45.7 megawatts of electricity generating capacity. The transaction value includes approximately $64 million of cash and the assumption of $39 million of debt. In addition to negotiating and drafting transaction document and due diligence review of the portfolio, Stoel Rives assisted ATN with restructuring of existing debt related to the assets and obtaining consents from lenders and tax equity investors.
  • Represent Avangrid in defense of a claim for refunds pursued by the California Attorney General, the California Public Utilities Commission and the state’s two largest investor-owned utilities.  The claim relates to a capacity contract signed by Avangrid in July 2001, following the end of Western Energy Crisis, and the complainants have asserted that the Federal Energy Regulatory Commission should order Avangrid to pay refunds under the contract due to the high prices and manipulation allegedly affecting the California market at the time.  The case is on remand from the U.S. Supreme Court’s Morgan Stanley ruling in 2008.
  • Served as lead legal counsel to Capital Dynamics US Solar Energy Fund, a Switzerland-based global asset manager, in the acquisition of a 12.8MW portfolio of solar energy projects in Long Island, New York, from EDF Renewable Energy. The seven solar photovoltaic project sites make up one of the largest solar PV portfolios currently installed in New York state. Stoel Rives assisted Capital Dynamics in the negotiation and structuring of the deal, including negotiating definitive acquisition documents, entity formation and due diligence regarding regulatory, tax, real property, power purchase and interconnection agreements, construction agreements, operation & maintenance agreements, and permitting issues.
  • Represented Enel Green Power North America, Inc., in the tax equity financing for Enel’s Aurora Solar Project in Minnesota, a 16 site, 100 MW project with Northern States Power as the offtaker.  The tax equity investor will make a $145 million investment in the project. 
  • Represented Enel Green Power North America, Inc., its parent, Enel Green Power S.p.A., and its subsidiary EGPNA Wind Holdings 1, LLC, in the negotiation of a portfolio equity capital contribution agreement with an investor group led by J.P. Morgan.  The portfolio includes the 150 MW Origin wind farm in Garvin, Murray and Carter Counties, Oklahoma, and the 200 MW Goodwell wind project in Texas County, Oklahoma, and Hansford County, Texas.  The investor group committed to contribute a total of $400 million to the projects upon completion.
  • Represented Enel Green Power North America, Inc., its parent, Enel Green Power S.p.A., and its subsidiary, Buffalo Dunes Wind Project, LLC, in connection with a cash equity investment by General Electric Capital Corporation (acting through its subsidiary, EFS Buffalo Dunes, LLC) in the 249.75 MW Buffalo Dunes wind project in Grant, Haskell and Finney Counties, Kansas. Total costs of completing the Buffalo Dunes Wind Project required an investment of approximately $370 million by Enel and GE. In the year following GE’s initial cash equity investment, we represented Enel in its buy-down of GE’s equity interest, such that Enel would own 75% and GE would own 25% of Buffalo Dunes Wind Project, LLC. We also represented Enel and its affiliates in the negotiation of the Membership Interest Purchase Agreement, the Operating Agreement and related transaction documents such as the parent guarantees each party provided to the other. We also advised on federal regulatory matters pertaining to the transaction.
  • Served as lead counsel to Infigen Asset Management, LLC, in the sale of membership interests and related assets of two solar projects, Pumpjack and Wildwood I, each with a designed capacity of up to 20MW, to be built in Kern County, California. The projects have 20 year power-supply agreements with Southern California Edison Co. and are expected to generate enough electricity each year to supply 10,000 homes.
  • Represented Kina‘ole Capital Partners, LLC, in the financing for a $32MM fund for financing residential solar projects in several states across the country. 
  • Represented Kina'ole Capital Partners, LLC, in a $13 million tax equity investment in solar power in Hawaii that will help more than 1,000 homeowners in Hawaii go solar.
  • Represented Neo Solar Power with its acquisition of a solar power project pipeline (projects to be built in Las Vegas and Minnesota) and other business assets of Clean Focus Corporation.
  • Representing Northwest Innovation Works in connection with permitting and development of three natural gas to methanol plants proposed for locations in Oregon and Washington. The plants will manufacture methanol from natural gas for export to Asia. We are assisting with state and local permits, including air, land use, stormwater, shoreline and other environmental permits, as well as all other aspects of project development.
  • Represented the client in setting up a program for engineering, procurement and construction of their 2016 portfolio of solar projects totaling over 500 MW.  This included negotiating a module supply agreement for 1 gigawatt of modules and engineering, procurement and construction agreements with various construction companies.
  • Numerous appearances before the Minnesota Public Utilities Commission on such matters as utility resource planning, community solar gardens, certificate of need proceedings, the Minnesota solar energy standard, rate design and renewable energy credits, including the following recent dockets:
    • In the Matter of Northern States Power Company - Minnesota’s Application for Approval of its 2016-2030 Resource Plan.
    • In the Matter of the Petition of Northern States Power Company d/b/a/ Xcel Energy for Approval of Its Proposed Community Solar Garden Program.
    • In the Matter of a Commission Inquiry into Privacy Policies of Rate Regulated Energy Utilities.
    • In the Matter of the Implementation of Solar Energy Standards Pursuant to 2013 Amendments to Minnesota Statutes, Section 216B.1619.
    • In the Matter of the Request of Minnesota Power for a Certificate of Need for the Great Northern Transmission Line Project.
    • In the Matter of the Investigation into Environmental and Socioeconomic Costs Under Minn. Stat. 216B.2422, subd.3.
    • In the Matter of Minnesota Power's Application for Approval of its 2013-2027 Resource Plan.
  • Negotiation of a shared savings and use agreement for the installation of Tesla batteries at a major industrial site.
  • Negotiation of a 200+ MW wind power purchase agreement for a major tech company, the largest wholesale deal the company has ever done.
  • Negotiation of a development agreement and long-term energy and REC services agreement for a major technology company involving a large wind farm and major utility.
  • Structuring and negotiation of a long-term renewable energy transaction under green energy tariff for a large technology company with an eastern utility and for a large solar energy company and seller of renewable energy.
  • Structuring and negotiation of a number of long-term solar power purchase agreements for a large solar company with a direct access customers in California.
Team
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