Alternative Energy

Solar Energy

If you are pursuing a solar energy project, you can count on our significant experience in representing solar thermal and photovoltaic developers and investors in many U.S. projects and applications. We have extensive experience as lead outside counsel for acquisitions, development, construction, and financings of all types of solar energy projects. Our team has represented numerous developers and investors in, and has closed multiple financings and acquisitions of, solar energy development projects from California to Massachusetts and Texas to Ontario. Foley is a leading firm in the solar energy space, with experience that includes hundreds of energy transactions involving document preparation and negotiation, due diligence, data room, construction and maintenance, budget and project management, tax advice, and other matters.

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Wind Energy

Our representation of wind developers dates back to 1989, when we were involved in the structuring, document negotiation, and financing of six separate wind energy projects in Southern California. Since that time, our practice has been growing alongside the industry as a whole Our deep experience representing wind developers provides genuine value to our clients as they navigate both the everyday and the unique challenges that wind energy presents. Our clients rely on our knowledge to help them make the business decisions that truly matter.

We offer comprehensive services to our wind clients that include permitting, community relations, land rights, equipment procurement, construction, interconnection and transmission, finance, power purchase agreements, and project acquisitions and divestitures. If you are a lender, equity investor, or financial intermediary, we can assist you with innovative financing structures. We are one of the most experienced law firms in structuring transactions to best utilize the federal production tax credit and the investment tax credit. Our emphasis, however, remains on developers, joint venture partners, and active sellers and acquirers of wind energy projects.

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Biofuels

As biodiesel and other biofuel production expands, Foley's Energy attorneys are well positioned to help you with matters such as facility siting, air permitting, water and fuel supply, and discharge permitting; all aspects of project financing, mergers, and acquisitions; intellectual property issues, including licensing, trademark, and patent protection; government procurement and contracting; and labor and employment issues, including union representation matters. We represent developers, feed-stock suppliers, lenders, investors, agricultural cooperatives, offtakers, and producers in connection with biofuel production plants.

Geothermal

Recent years have seen renewed interest in geothermal energy development, and the western United States holds many potential geothermal resources. If you are an energy company or developer seeking to bring geothermal resources online, you will likely face many of the same challenges encountered by our clients in other renewable energy sectors. In addition, there are other challenges that are unique to geothermal energy that our Energy Industry Team is well positioned to effectively and efficiently handle.

Due to our significant experience, our attorneys are able to add value in every phase of geothermal energy development, from securing land and water rights, understanding vital permitting and licensing issues, and financing the project from construction of the project through long term post-construction project financing, sale of energy generated by the project, and operation and management issues relating to the project. Our team has represented numerous developers and investors in, and has closed multiple financings and acquisitions of, renewable energy development projects. Our extensive work in the renewable energy industry gives us an in-depth understanding of the rapidly evolving business and legal issues facing developers, equity investors, utilities, contractors, and financing parties in the geothermal energy sector.

Hydroelectric

Our experience in the hydroelectric sector of the energy industry includes representing developers, purchasers, sellers, investors, and lenders in connection with all types of hydroelectric projects. Our Energy attorneys have experience with regulatory and environmental compliance, permitting, dam failure and dam safety, clean up, due diligence, mergers and acquisitions, insurance coverage, and litigation, such as hydroelectric relicensing, compliance, and land disputes before administrative bodies and state and federal courts.

Our Energy attorneys have experience in the project financing of hydroelectric facilities, including acquisitions and non-recourse project financing of hydroelectric generating assets of electric services companies, and representation of independent power producer (IPP) bidders in the auction of hydroelectric generating facilities.