We assist clients in developing renewable energy projects — permitting, development, title, construction financing, and tax equity financing of large and small scale renewable projects.
From wind and solar to waste coal, we have practiced in this area for over twenty-five years.
We provide cost-effective, creative business and legal solutions across the renewable sector.
Attorneys in Jackson Kelly’s Renewable Energy practice group routinely work with public and private utilities, renewable developers, and traditional and tax equity finance parties with diverse energy portfolios. As renewable energy sources play an ever-greater role in the global energy market, our attorneys have become adept at adapting quickly to the changing legal and regulatory environments. The Jackson Kelly Renewable Energy team stands ready to assist with project structuring, regulatory matters, permitting, title, drafting site control documents, leasing, easements, acquisition and sales, litigation, site control, property tax, zoning and land use, power purchase agreements, battery storage agreements, decommissioning agreements, intellectual property, and legislative services.
We represent commercial banks and institutional lenders, project developers, development finance institutions, regulated utilities and IPPs, off-takers and other project participants on the full range of their strategic business objectives with respect to the development and financing of renewable energy projects and portfolios. These include:
- Wind
- Solar
- Hydrogen
- Landfill gas
- Battery storage
- Biomass
- Hydroelectric energy
- Combined heat and power (CHP) systems
- Geothermal energy
Calls for greater production of clean power create increased opportunities for renewable energy generation and distribution growth. Our multi-disciplinary teams are capable of advising clients on every stage and aspect of the renewable and clean energy project lifecycle.
Examples of our experience include:
- Performance of full and limited title examinations on solar and wind project sites for various title companies and developers involving both surface and minerals in KY, PA, WV, OH, and Indiana.
- Assisted with the permitting, development work, construction financing, and tax equity financing for a 115 MW wind farm in West Virginia – new construction.
- Assisted with the permitting, development work, construction financing and tax equity financing for a repower of a 55.2 MW wind facility in Grant and Mineral counties, West Virginia.
- Assisted with development work and tax equity financing for a repower of a 98 MW wind project in West Virginia.
- Represented companies in development of both large and small scale solar farms in WV, OH, KY, IN and PA. This includes drafting and securing site control agreements, battery storage agreements, shared use agreements, leases, easements, deeds, access and delivery agreements, subordination and non-disturbance agreements, surface waiver agreements, drafting and negotiating title insurance Pro Formas and policies, and drafting other real estate development documents. Local counsel support for land use matters such as zoning, subdivision, and local ordinance matters.
- Advised wind and solar power developers on land acquisitions, including the need to consider Neighbor Agreements to protect new projects from development on adjacent parcels that could interfere with project purposes.
- Represented energy project owners/developers (gas, coal, wind, solar, hydro, energy storage) in obtaining state and federal environmental permits and state utility commission siting approvals. Includes compliance with State utility citing rules and with the National Historic Preservation Act, the Endangered Species Act, NEPA and the Clean Water Act—and similar state requirements.