Our Sustainability Group possesses the essential insight and capability needed to support clients with their renewable and alternative energy projects.
We have a team of knowledgeable lawyers who are at the ready to counsel clients on a myriad of projects such as the following:
Our lawyers help clients to secure federal, state, and local permits for various renewable energy projects and to qualify facilities to generate and sell renewable energy credits (RECs). We also draft equipment procurement, operations and maintenance (O&M), and power sales agreements. Additionally, we assist clients with navigating the utility interconnection process and negotiating PILOTs for renewable energy facilities. Finally, we support energy project developers and generators in regulatory proceedings and regulatory matters.
Robinson+Cole’s Sustainability Group advises the following entities that support the development and commercial operation of community- and utility-scale clean energy projects:
Our lawyers routinely practice before federal and state agencies and tribunals, both nationally and throughout the Northeast, including the following:
Represented an institutional lender providing a $22 million construction loan to an affiliated group of borrowers to fund the construction costs associated with the design, procurement, and installation of 26 MW commercial rooftop solar array projects for two Fortune 50 companies to be located on 60 commercial buildings in four states and secured by all assets of the borrowers. We advised on respective rights under all contracts with equipment procurement contractors (EPCs), power purchase agreements, renewable energy certificates, agreements relating to federal investment tax credits, interconnection agreements, and maintenance agreements. The contemplated refinancing of this transaction involved the placement of permanent senior loan financing from an institutional lender, a tax credit equity investment (in the form of a "partnership flip," which involved the creation of special purpose entities) from an institutional investor, and the associated intercreditor, interparty, and other related third-party issues.
Represented client in the development of the first utility-scale solar generating facility in Connecticut, including representation before the Connecticut Siting Council and the Public Utilities Regulatory Authority (PURA).
Represented client in the development and permitting of its on-site co-generation facility used to provide power to its existing manufacturing, research and development, and office complex. Assisted with local, state and federal permits and approvals, including municipal consultation with town officials, Connecticut Siting Council approval of the power generating units, and Federal Aviation Administration (FAA) compliance.
Represented client in the development of the largest utility-scale solar project in Connecticut, including representation in the regulatory proceedings to obtain a long-term contract and approval for the siting of the facility.
Represented client in the development of the largest fuel cell facility in the United States, including representation in the regulatory proceedings to obtain a long-term contract and approval for the siting of the facility.
Represented client in the development and permitting of a 30 MW on-site co-generation facility used to provide power to its existing paper products manufacturing facility. Assisted with local and state permits and approvals, including consultation with municipal officials and Connecticut Siting Council approval.
Represented client through permitting for modifications to its existing 25 MW on-site co-generation facility used to provide power to its manufacturing operations. Assisted with local and state permits and approvals, including consultation with municipal officials and Connecticut Siting Council approval.
Counsel to buyers, suppliers, developers, and financing parties in the commercial and intellectual property aspects of renewable and alternative energy technology transactions and investments in, among others, the wind, biomass, and gas-to-liquids fields.
Represent energy projects in obtaining long-term power purchase or off-take contracts and in negotiating power supply agreements for load reduction and power export.
Represent developers, owners, and contractors in all forms of engineering, procurement, and construction agreements for development and construction of traditional, alternative, and renewable energy projects.
Represented a not-for-profit acute care teaching hospital in the negotiation of a contract for the replacement of a 1.2 MW cogeneration generator set with a 3 MW natural gas generator at the combined heat and power (CHP) plant located on the hospital campus.
Represented New York county in all aspects, including corporate, environmental, real estate, and administrative law, of its renegotiation of a long-term agreement for the disposal of solid waste and operation of a waste-to-energy facility, with several ancillary agreements among the county, the facility operator, and the municipality in which the facility is located concerning the transfer of ownership of the facility from a county agency to the operator of the waste-to-energy facility.
Counsel to client in evaluating the permitting and environmental requirements for and status of a borrower's co-generation facility being constructed in Staten Island, New York.
Represent client in performing local permitting analysis and supervising approvals for solar development projects in Massachusetts and reviewing all documents to obtain state approval and renewable energy credits. Represent client in acquiring necessary regulatory permits/approvals for siting, construction, and installation of projects and entering into interconnection agreements, including recent 2.745 MW ground-mounted solar photovoltaic installation. Also represent client in working out Payment in Lieu of Taxes (Pilot) agreements for solar assets involving use of Massachusetts' Solar Renewable Energy Credits (SRECs) program.
Represented merchant energy generator in a proceeding before the Department of Public Utility Control to determine ownership of renewable energy certificates.
Counseled clients on locating and accessing federal, state, and local funding sources for renewable energy and distributed generation projects.
Represented renewable and traditional energy-generation projects in obtaining long-term power purchase (a/k/a off-take) contracts.
Counseled a number of clients with requests for proposal and negotiation of power purchase and site lease agreements for renewable energy installations.
Negotiated and appeared before town councils in connection with approval of Public Entity Net Metering Financing Arrangements.
Represent clients in cogeneration approval proceedings and advise as to transfer of ownership.
Counsel to a provider of renewable energy in connection with legislative efforts to refine the restructuring legislation to expand the class of renewable energy available for sale by electric suppliers in the competitive market for such services.
Counsel to renewable energy power producers on state regulatory matters and lobbying services.
Succeeded in amending the law that dictates the eligibility criteria for renewable energy resource classification, which is a critical component in the procurement of renewable energy supply and in the health of the marketplace for the expansion of new resources.
Assist buyers, suppliers, developers, and financing parties in the commercial and intellectual property aspects of renewable and alternative energy technology transactions and investments in, among others, the wind, biomass, and gas-to-liquids fields.
Represent manufacturer and installer of solar modules and mounting and balancing systems in New England in drafting and negotiating customer-facing form documents for power purchase agreements, providing corporate advice and assistance in acquiring necessary regulatory permits/approvals for siting, construction, and installation of projects.
Represented clients in responding to requests for proposals issued by the Connecticut Public Utilities Regulatory Authority, the Connecticut Department of Energy and Environmental Protection, and the Connecticut Green Bank for energy projects.
Provided due diligence relative to environmental issues and permitting/licensing representation relative to an historic hydropower facility in Massachusetts.
Performed a FERC preemption analysis to assist a hydropower facility with its efforts to prevent certain regulatory requirements being imposed by the host municipality.