Cooley's Clean Energy & Technologies group incorporates one of the most experienced solar energy development practices in the United States. Our team negotiated several of the first utility scale solar projects in the United States, paving the way for numerous solar energy projects going forward. Our team has also been involved in structuring and implementing several of the country's first municipal and utility financed solar facility deployments.
Areas of Practice
Transactional Support
Our team represents both sellers and buyers of solar power in a variety of development and financing transactions, including structuring advice with respect to tax and corporate issues, permitting advice, real property issues, EPC issues, and power and environmental attribute sales. Our lawyers have some of the most extensive experience drafting and negotiating financing documents, real estate lease and easement documents, construction agreements, service agreements, operating agreements, power purchase agreements and purchase and sale agreements with environmental attributes.
Regulatory Support
Our environmental and land use attorneys advise our solar clients on the full range of permitting and regulatory issues affecting the siting, construction and operation of solar projects. We have extensive experience with the process for obtaining the authorizations required to develop solar projects on federal lands, such as those under Bureau of Land Management jurisdiction, and Tribal lands, as well as on privately held lands and brownfield sites. We have counseled clients regarding the range of federal and state environmental and permitting considerations that affect development of a solar project, Typically those considerations pertain to federal and/or state environmental review, waste management, water quality, use and discharge, species and habitat protection, air quality, radar and other potential operational interferences, and visual, cultural and archaeological impacts.
Real Estate
Cooley's Real Estate Group is experienced in the unique issues associated with leases and easements required to construct and operate solar projects.
Tax
Solar energy facilities can benefit from significant federal and state government incentives, including tax incentives. Our tax lawyers counsel clients on how best to plan for and utilize these tax benefits, with a particular focus on monetization transactions that bring equity investors together with solar projects in development. We work with each of our solar clients – whether developer, investor, lender or offtaker – to craft creative but workable structures that both maximize the value of government incentives and achieve the parties' business objectives.
Representative Transactions
Cooley represents many of the major solar energy development companies in the United States. Representative transactions of our solar energy team include the following:
- Energy Lab – Representation of the "Berkeley FIRST" residential solar program (often referred to as the original "PACE" – property assessed clean energy – program) enabling city residents to fund the capital cost of solar energy systems with municipal financing.
- Developer -- Representation in the development of a 1.2 MW photovoltaic solar energy system in California, including drafting and negotiating a power purchase agreement and EPC contract.
- Developer – Representation in the development of a 1 MW solar energy system in California, including drafting and negotiating a lease and power and SREC purchase agreement.
- Developer – Representation in the development of a 194 kW solar energy system in California, including drafting and negotiating a power and SREC purchase agreement.
- Developer – Representation in the development of three solar energy systems in California, including drafting and negotiating a land license and power and SREC purchase agreement.
- Developer – Drafting and negotiating a design-build agreement for the development of a solar facility on tribal land in California.
- Tribal Entity – Representation in the preparation of a RFP for a solar facility to be located on tribal lands in California.
- Developer – Representation in the development and financing of five photovoltaic solar energy systems (aggregating to 17 MW) in Long Island, New York, including drafting and negotiating a power and SREC purchase agreement, lease agreements, EPC contract and financing documents.
- Developer – Representation in the development of a 1.7 MW photovoltaic solar energy system in Massachusetts, including drafting and negotiating equipment procurement and installation documents.
- Developer – Representation in the development and financing of a 3 MW photovoltaic solar energy system in Pennsylvania, including drafting and negotiating a power and SREC purchase agreement, lease agreement, EPC contract and financing documents.
- Developer – Representation in the development of a Pennsylvania residential rooftop solar leasing program financed by state rebates, federal renewable energy grants and private investment.
- Developer – Representation in the development of a brownfield 2 MW photovoltaic solar energy system in Pennsylvania, including drafting and negotiating a power and SREC purchase agreement and lease.
- Developer – Representation in the sale of a 3 MW solar project in Pennsylvania.
- Developer – Representation in the development of two ground mounted photovoltaic solar projects in Pennsylvania totaling 3.15 MW, including drafting and negotiating power purchase agreements and lease agreements.
- Investment Fund – Representation in the purchase of Pennsylvania and Maryland SRECs and negotiation of SREC trading arrangements.
- Developer – Representation in the development of a 15 MW photovoltaic solar project in Pennsylvania, including drafting and negotiating a power sales agreement, an SREC sale agreement, lease, installation agreement and financing documents.
- Lender and Government Entity – Representation of a public/private partnership to implement the Connecticut residential solar leasing program to finance more than 1,500 rooftop systems.
- Utility – Representation in the structuring, development and implementation of a residential rooftop solar energy program in New Jersey.
- Developer – Representation in the development of a 700 kW solar energy system in New Jersey, including drafting and negotiating a lease and power and SREC purchase agreement.
- Utility – Representation in the acquisition of a 1 MW solar project in New Jersey.
- Service Provider – Advice, drafting and negotiation of a Power Purchase Agreement for the purchase of approximately 2.3 MW from a distributed energy solar facility in New Jersey.
- Service Provider – Drafting and negotiation of a Power Purchase Agreement and License Agreement for the purchase of electricity from a distributed energy solar facility in New Jersey.
- Developer – Advice and drafting of responses to multiple RFP requests for solar developments in the Western United States.
- Developer – Representation in the development of a 53 kW solar energy system in Colorado, including drafting and negotiating a lease and power and SREC purchase agreement.
- Developer – Representation in the development of a 2.4 MW photovoltaic solar project in Oregon, including drafting and negotiating a power sales agreement and SREC sale agreement.
- Developer – Representation in development of a large-scale residential solar system integrated with new construction in Arizona.
- Developer – Representation in the development of a 1.2 MW solar energy system in New Mexico, including drafting and negotiating a power purchase agreement.
- Developer – Negotiation of solar panel procurement agreement for ongoing solar panel orders.
- Developer – Negotiation of an up to approximately 75 MW solar panel procurement option agreement.
- Developer – Advice, drafting and negotiation of an EPC agreement for a 1.2 MW rooftop solar project in New Jersey.
- Developer – Representation in the drafting and negotiation of an EPC agreement for a 26 MW solar project in New Mexico.
- Developer – Representation in the drafting and negotiation of an EPC agreement for a 35 MW solar project in Colorado.
- Developer - Representation in the development of a 20 MW solar energy system in Arizona, including drafting and negotiating an EPC contract.
- Roofing Company – Preparation of form of rooftop solar installation agreement as corollary to industry standard terms and conditions model.
- Developer – Representation in series of sale/leaseback transactions providing capital for both utility-scale and commercial rooftop projects.
Related Practices
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