Biomass, Biofuels, Landfill Gas, & Waste-To-Energy

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As biodiesel and other biofuel production expands, Foley’s Energy attorneys are well positioned to help you navigate the new challenges this field presents. From patenting technology to developing and financing a food-to-RNG digester project, Foley regularly works with sponsors, developers, investors, and financing parties to navigate the development, construction, and financing of biomass, biofuels, landfill gas, and waste-to-energy projects.

What We Do

  • Corporate formation and equity raise
  • Project development
    • Real estate
    • Project agreements
    • Offtake and interconnection
    • Engineering, Procurement and Construction
    • Permitting and environmental
    • Regulatory
    • Logistics and gas supply
    • Operations and maintenance
    • LCFS, RFS, RIN
  • Acquisitions and dispositions
  • Joint ventures
  • Tax credits and incentives
  • Project financing (debt and tax equity)

Types of Biomass

  • Wood and Ag products (logs, wood chips, bark, crops, fruit pits, and other organic material)
  • Solid Waste (garbage, animal waste, and food waste)
  • Landfill gas and biogas (methane gas)
  • Biofuels (RNG, ethanol, biodiesel, renewable hydrocarbon fuels)

Representative Experience

  • Represented developer in connection with development and debt an and equity financing of an approximately $100+ million food waste-to-RNG anaerobic digester plant.
  • Represented North American Natural Resources, Inc. (NANR) and its sister companies North American Biofuels, LLC and North American-Central, LLC, in its sale to Kinder Morgan, Inc. (KMI), one of the largest energy infrastructure companies in North America. The $135 million acquisition in combined purchase price and related transaction costs includes seven landfill gas-to-power facilities in Michigan and Kentucky.
  • Represented the developers of a significant biodiesel plant in Wisconsin on a variety of matters, including financing issues.
  • Represented an IPP sponsor in the development and operation of three wood-fired power plants in California and one wood-fired power plant in Maine.
  • Represented the City of Los Angeles in the development of its Lancer waste-to-energy project.
  • Represented a strategic investor in the acquisition of landfill gas projects in California and in the U.S. Midwest.
  • Represented a utility affiliate in the financing and development of a landfill gas-to-electricity plant and 27-mile pipeline project located near Houston, Texas.
  • Represented a utility affiliate in the acquisition and development of the Winnebago Energy Center, a landfill gas-to-electricity plant located in Rockford, Illinois.
  • Represented a waste management company in the proposed purchase of a landfill gas facility in Michigan.
  • Represented a major sugar company in connection with multiple cogeneration projects in the Caribbean utilizing bagasse and other biomass fuels.
  • Represented a biodiesel technology company in connection with certain of its corporate and financing activities.
  • Represented a major U.S. hedge fund in connection with the acquisition of ethanol properties in Brazil.
  • Represented a Midwest biodiesel producer in connection with procuring property, negotiating offtake agreements, and raising start-up capital.
  • Represented an IPP bidder in its proposed purchase of five wood-fired generating facilities in Maine.
  • Represented a lender to an agricultural waste (chicken egg-laying operation) biomass project that generated fertilizer inputs, soil amendments, water quality trading credits, ash, and anaerobic digester-generated electricity for onsite consumption. The project also included state-affiliated sources of development financing.
  • Represented a Midwest biodiesel producer in connection with procuring property, negotiating offtake agreements, and raising start-up capital.
  • Represented a large poultry processor in the tax equity financing for an open-loop biomass (poultry waste) electric power and steam cogeneration facility in North Carolina, including support on interconnection and offtake agreements, REC agreements and steam sale agreements.
  • Represent lender in the $100 million financing of two renewable natural gas (RNG) production facilities in Arizona, using dairy-farm waste biogas and anaerobic digester technology.
  • Represented IPP in the formation of a joint venture and related governance and funding provisions to develop, finance and construct a portfolio of renewable natural gas (RNG) and other biofuel projects of up to $300 million.