About Brian

Brian Nese is a partner in Stoel Rives’ Energy Development group and one of California’s most respected renewable and alternative energy attorneys. For nearly two decades, Brian has been at the forefront of the U.S. transition to renewable and alternative energy—leading the Stoel Rives renewable energy team in California, working on renewable energy projects across the nation, and furthering the work of innovative sustainable energy organizations dedicated to reducing the country’s reliance on fossil fuels.

Brian focuses his practice on representing renewable energy project developers, owners and operators in drafting and negotiating various project documents, including engineering, procurement and construction agreements, operation and maintenance agreements, balance of plant agreements, supply agreements, and real property agreements. He also assists project developers with mergers and acquisitions, financings, and related due diligence.

Prior to joining Stoel Rives LLP, Brian was an associate at Stroock & Stroock & Lavan LLP, in Los Angeles, California, where he represented clients in a variety of matters, including dispute resolution, litigation, regulatory and enforcement proceedings.

Brian is a member of Stoel Rives’ Executive Committee. He is a former co-leader of the firm’s energy team and a former managing partner for the firm’s California offices.

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  • Representation of developer regarding the sale of a portfolio of 21 fully operational solar projects in New York and Maryland totaling almost 60 MW of distributed generation assets.
  • Advising a public company regarding the acquisition of approximately 88 MW of operating distributed generation solar projects across the U.S.
  • Advising regarding DIF Capital Partner’s acquisition of a majority interest of Green Street Power Partners, a developer, financier, owner, and operator of over 300 MW of distributed generation solar projects in the U.S.
  • Representation of investor in solar generation projects in connection with its acquisition of distressed assets located in North Carolina, New Mexico, and Massachusetts.
  • Representation of solar developer in EPC and O&M agreements for a 3 MW solar project in Napa County, California.
  • Representation of independent power producer with development, supply, O&M and EPC agreements for 1 GW portfolio of solar projects.
  • Assisted solar project developer with sale of multiple portfolios of small utility scale solar projects (CREST) and negotiation of related EPC agreements, module and inverter supply agreements, and O&M agreements.
  • Assisted solar project developer with development and sale of two 20 MW utility scale solar projects (RAM), including permitting, labor negotiation, request for proposal for EPC services and EPC agreement, and membership interest purchase and sale agreement.
  • Assisted equity investor with acquisition of multiple solar development companies, including related project development pipelines and operating assets in California, Indiana, New Jersey, Arizona, and Hawaii.
  • Assisted PV module manufacturer with negotiating and drafting of EPC agreements, O&M agreements, PV module supply agreements and membership interest purchase and sale agreements for projects in Puerto Rico, California, Georgia, and Missouri.
  • Assisted solar project developer with negotiating and drafting of project documents for 250 MW solar photovoltaic facility, including EPC agreement valued over $1 billion and other related agreements; assisted with project development efforts and obtaining Department of Energy Loan Guaranty under Section 1705 of the Energy Policy Act.
  • Assisted solar project developer with negotiating and drafting of site rights agreements for solar project to be located at a mining operation in Chile.
  • Assisted solar project developer with structuring, negotiating, and contracting for 9 MW rooftop solar photovoltaic project, which, when constructed, will be the largest rooftop system in the United States. Key project documents included EPC, O&M, Performance Guaranty, and Solar Renewable Energy Credit Purchase and Sale agreements.
  • Assist solar project developer obtain conditional use permit for 90 MW solar photovoltaic project in Los Angeles County based on a mitigated negative declaration.
  • Assisted wind project developer with balance of plant and O&M agreement for 60 MW project in southeast Utah.
  • Assisted wind project developer with build-transfer agreement for 301 MW wind project in Kansas.
  • Assisted wind project developer with build-transfer agreement for 50 MW wind project in Minnesota.
  • Assisted wind project developer with master O&M agreement for 564 MW portfolio of five wind projects in New Mexico, California, Colorado, and Texas.
  • Representation of independent power producer in heavily contested licensing proceeding for thermal power plant before the California Energy Commission.
  • Representation of wind project operator in litigation with project owner over operations and maintenance contracts, obtaining jury verdict in client’s favor after month-long trial in Orange County.
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Honors & Activities

Professional Honors & Activities

  • CleanTECH San Diego
  • Women of Renewable Industries and Sustainable Energy, San Diego Chapter
  • San Diego County Bar Association
  • Selected as one of “America’s Leading Lawyers for Business” (USA) by Chambers Global (Projects: Renewables & Alternative Energy), 2017–2023 & (USA—Nationwide) by Chambers USA (Projects: Renewables & Alternative Energy; Projects: Power & Renewables: Transactional), 2017–2023
  • Listed among Rising Stars (Energy & Natural Resources), San Diego Super Lawyers®, 2015–2019
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Insights & Presentations

Insights & Presentations

  • Frequent contributor to Stoel Rives’ Renewable + Law® blog
  • “Keynote Fireside Chat: Clean Energy Financing with DOE Loan Programs Office” (moderator), Solar + Wind Finance & Investment Summit, Phoenix, AZ, March 2023
  • “Solar Energy System Design, Engineering, Construction, and Installation Agreements” (co-author), Chapter 4 of The Law of Solar Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, Sixth Edition, 2022
  • “The Future of Renewables” (moderator), Projects & Money, New Orleans, LA, January 2020
  • “Emerging Trends in Financing Southeast Renewable Energy Deals” (moderator), Southeast Renewable Energy Summit, Atlanta, GA, October 2019
  • Ninth Circuit Strikes Down California ReMAT In Winding Creek Solar Case” (co-author), Solar Industry, August 2019
  • “Best Practices in Service Agreements, O&M and Warranties” (moderator), Storage Week Plus, San Francisco, CA, July 2019
  • “The Future of the Markets” (moderator), Projects & Money, New Orleans, LA, January 2019
  • “Overcoming Unique Development Challenges in the Southeast” (moderator), Southeast Renewable Energy Summit, Atlanta, GA, November 2018
  • “California lawmakers consider grid reliability fixes,” Daily Journal, June 28, 2018
  • “First in nation requirement for solar in new homes” (co-author), Daily Journal, May 17, 2018
  • “MISO—The Next Growth Market?” (moderator), Projects & Money, New Orleans, LA, January 2018
  • “Going Smaller: Muni, Coop and Community Solar Garden Projects” (moderator), Southeast Renewable Energy Summit, Atlanta, GA, November 2017
  • “Countdown to the ITC Reduction—How the Utility Scale and other Industry Sectors are Preparing” (moderator), Infocast Solar Connect Conference, La Jolla, CA, October 2017
  • What If Federal Support for Solar Disappears?” (co-author), Solar Industry, April 2017
  • “California Market Outlook” (moderator), Solar Power Finance & Investment Summit, March 2017
  • Renewable Portfolio Standards: Changing the Industry” (co-author), Public Utilities Fortnightly, January 2017
  • A Blockbuster Year for Net Energy Metering Policy” (co-author), Law360, December 14, 2016
  • “Plans & Prospects for Small-Scale Solar (+Storage?)” (moderator), Distributed Solar Summit, November 2016
  • “M&A Activity in 2016” (panelist), CohnReznick Renewable Energy Summit, June 2016
  • “Drafting and Negotiating Solar Project Agreements: What Really Matters?” (speaker), SolarWorld Installer Summit, June 2016
  • The Future of California’s Renewable Energy Market” (co-author), Law360, December 22, 2015
  • “Benefits/Barriers to Renewable Energy” (speaker), Chapman University Law School Renewable Energy Symposium, October 2015
  • “The Regulatory Framework for Distributed Generation” (moderator), Distributed Solar Summit West, November 2014
  • One in a Million,” pv magazine, November 2014
  • New Calif. Rooftop Regime Seeks to Streamline Solar,” Law360, September 30, 2014
  • “Successful Sustainable Systems: Overview of Solar Power Purchase Agreements” (panelist and presenter), CleanTECH San Diego, San Diego, CA, October 2013
  • “Financing Solar Projects,” (panelist and presenter), Schletter Residential & Commercial Installer Workshop, San Diego, CA, October 2013
  • “Renewable Energy Finance Summit” (chairman and moderator), Chilean International Renewable Energy Conference, Santiago, Chile, September 2013
  • “2013 Outlook for U.S. Solar Market” (panelist and presenter), SNEC PV Power Expo 2013, Shanghai, China, May 2013
  • “Post-Election - What’s in Store for Solar Federal Policy” (panelist and presenter), Solar Power Gen 2013, San Diego, CA, February 2013

Related News & Publications

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