We are active participants in the independent power production marketplace, providing counsel on all aspects of financing, permitting, siting and construction, as well as the wide range of agreements involved with generating and selling energy to utilities. Our recognized leadership in advancing these projects is due largely to the alignment of many of our practice strengths with the needs of independent power producers. We’ve created an integrated team with unsurpassed knowledge and experience in the areas of environmental due diligence and compliance, energy transactions and agreements, project finance, energy regulatory compliance and approvals, construction, and litigation.
- Mergers, acquisitions, sales, joint ventures and other corporate transactions
- Establishment of limited partnership vehicles and syndications
- Recourse and non-recourse bank and insurance company financings
- Sale-leaseback transactions
- Tax-exempt financings
- Interest swaps, credit enhancements, carried interests and subordination arrangements
- Transactional and financing due diligence
- FERC and state public utility commission approvals
- Siting and permitting
- EPA, NEPA and CEQA compliance and approvals
- Clean Water Act Section 404 permitting
- ESA Section 7 negotiation and compliance
- Power purchase, fuel supply, O&M, interconnection and transmission agreements
- EPC contracts
- Equipment finance
- Indian law counsel
- Litigation, arbitration and mediation
Environmental Due Diligence
Counsel on environmental issues is a core firm strength for which we possess an unparalleled reputation for leadership and top talent—especially regarding power production. Many of our lawyers are scientists, engineers, former EPA officials and individuals who’ve worked in forestry, natural resources and other industries. We have extensive experience providing counsel regarding ESA, MBTA and Eagle Act rules, including obtaining permits and writing bird protection and conservation plans.
Agreements and Contracts
Financing, constructing and operating a power project involves a multitude of agreements and contracts related to project financing, equipment procurement, power purchase and fuel supply, interconnection, and transmission. We negotiate and draft these contracts, drawing upon significant experience and perspective representing both independent power producers and utilities.
Energy Project Finance
Whether you’re an owner, developer, primary investor, tax-equity investor, investment bank, commercial bank or other financial institution, we handle financing deals for independent power projects in both the United States and globally. Our team prepares offering documents and loan documents, and provides advice on a diverse range of financing options, structures and strategies. When appropriate, we consult with our municipal finance team, which advises on tax-exempt project financing. We also advise on financings based on lease income streams, bridge financings and back-leverage debt financings.
Corporate Transactions and Counsel
We advise domestic and foreign energy companies on corporate, tax, securities and finance matters, including public offerings, limited partnerships, joint ventures and equipment leases. As we structure, negotiate and obtain regulatory approval for domestic and cross-border deals, we consult as needed with our antitrust, environmental compliance, energy regulatory and tax partners.
Development of your project is dependent upon securing necessary energy and environmental regulatory approvals across a range of federal and state authorities. We handle permit, licensing, relicensing and certification proceedings before FERC and state public utility commissions whether the fuel is a renewable or a fossil source. We also negotiate transmission and rate and power contracts, and advise on compliance with the Public Utility Holding Company Act, the Public Utility Regulatory Policies Act, and state and federal regulations governing qualifying facilities and independent power projects.
Our depth regarding environmental regulation is second to none as we usher your project through EPA, NEPA, CEQA, ESA, U.S. Army Corps of Engineers, U.S. Bureau of Reclamation and other requirements. We represent you in obtaining government authorizations for new power projects, air and water quality permits, land use approvals, water rights and public rights-of-way.
Our team handles all aspects of approvals from preparation of applications for certification to response to discovery requests and interactions with staff, hearing officers and other regulators overseeing your project.
Our team advises owners, contractors, engineers and suppliers on the design and construction of power plants. This includes acquiring property and drafting and negotiating purchase agreements, leases, options, right-of-way agreements, co-tenancy agreements and other real estate documents required to construct your plant.
We’ll represent you in state and federal courts as well as arbitration and mediation proceedings involving a variety of issues, including matters arising out of fuel supply agreements, power purchase agreements, transmission tariffs, acquisition agreements and construction disputes. We also advocate for your position when regulator decisions must be challenged or appealed. Our team includes a former DOJ attorney and EPA Policy Advisor, providing you with significant perspective and experience defending against enforcement actions and citizen suits.