Renewables

Foley attorneys have a long history of successfully managing energy projects and financings, particularly for those involving renewable fuel sources such as onshore and offshore wind, solar, biomass, ethanol, and biodiesel, geothermal, and hydroelectric energy.

Our services to the renewable energy market are comprehensive and include assistance with permitting, environmental regulations, community relations, land rights, equipment procurement, construction, finance, power purchase arrangements, interconnection and project acquisitions, mergers, securities offerings, compliance issues, litigation, joint ventures, and divestitures.

We structure transactions to best utilize the federal production tax credit, the investment tax credit, and the grant in lieu of investment tax credit ― the Section 1603 grant.

Wind

No matter how you plug into wind energy, we have the knowledge and experience you need to get things spinning.

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 grown alongside the industry as a whole. Our deep experience representing wind developers provides genuine value to you as you navigate both the everyday and the unique challenges that wind energy presents. You can rely on our knowledge to help make 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 structure 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.

Solar

Foley’s solar energy attorneys have represented solar thermal and photovoltaic developers and investors in many U.S. projects and applications for more than 20 years. If you are pursuing a solar energy project, you can count on us and our significant experience to guide you.

From California to Massachusetts and Texas to Ontario, Foley’s solar energy attorneys bring an in-depth understanding of the rapidly evolving business and legal issues facing developers, equity investors, utilities, contractors, and financing parties in the solar energy sector. We have served as lead counsel for acquisitions, development, construction, and financings of all types of solar energy projects. Our experience 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.

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 with 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 Foley attorneys are well positioned to effectively and efficiently handle.

Due to our significant experience, we 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

We represent developers, purchasers, sellers, investors, and lenders in connection with all types of hydroelectric projects. Our 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 help with project financing of hydroelectric facilities, including acquisitions and non-recourse project financing of hydroelectric generating assets of electric services companies. We also represent independent power producer (IPP) bidders in the auction of hydroelectric generating facilities.

Representative Matters

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Represented a trade group of Retail Electric Providers before the Public Utility Commission of Texas in matters involving the competitive market for retail electricity in Texas
Lead counsel for major energy company investor in solar energy project
Lead counsel for major multinational energy company in development and project financing of solar energy projects in various states