Energy - Solar

As the demand for renewable energy and green solutions increases, so do opportunities in the solar energy industry. However, decision-makers wanting to use solar energy projects to reduce fossil fuel use and address climate change face challenges from project development to financing.

Since the 1970s, Perkins Coie lawyers have been advising solar developers, lenders and investors on all aspects and at every stage of power project development and operation, in both regulated and unregulated settings. Our work includes numerous projects, and we routinely address issues related to processing development applications, construction, financing and operation. In the course of our representations on both large and small-scale projects, our multidisciplinary solar energy team has worked with utilities, developers, financial supporters and end-user customers on site selection, project permitting and development, leases, environmental compliance, water rights, wildlife conservation, leases, net metering, tax incentives, financing and the other issues that affect solar energy projects, as well as other renewable energy projects. When necessary, we have also defended projects against legal challenges.

How We Can Help

Site Selection and Preparation

Our attorneys work with clients and consultants to evaluate potential project locations. Once a site is selected, we assist clients in acquiring options, easements or titles to project sites; associated rights-of-way and mitigation areas.

Permitting and Environmental Assessments

We have extensive experience with local, state and federal land use requirements, as well as environmental permitting and energy facility siting regulations across the country. Our attorneys have worked with clients, consultants and regulators to obtain land use authorization and to evaluate and minimize potential environmental impacts. We are familiar with the political issues often associated with approval of solar projects at the local, regional, state and federal levels, and have worked extensively to address the objections of neighbors and project opponents. We defend these authorizations in court when necessary.

Project Acquisition, Finance and Power Sales

Perkins Coie attorneys represent clients in a full range of commercial transactions involving renewable energy projects and renewable energy transactions. Our work includes negotiating power purchase agreements, conducting due diligence investigations, arranging project financing and operations and maintenance agreements. We also have extensive experience representing buyers, sellers and traders in transactions involving renewable energy and its environmental attributes.

Transmission and Interconnection

Our attorneys often represent renewable energy project developers and utilities on electric transmission and interconnection issues. We advise clients on interconnection contracts, queue position issues, and regulatory proceedings involving interstate and transborder transmission issues. Our attorneys have extensive FERC experience and have worked with the various Independent System Operators, Regional Transmission Organizations and Federal Power Marketing Agencies such as the Bonneville Power Administration.

Tax Credits, Renewable Portfolio Standards, Recs and Green Tags

We are familiar with the policy issues and practical implications concerning federal and state tax credits, renewable portfolio standards, RECs and green tags. These policies create opportunities for renewable power developers to obtain tax advantages, favorable financing and additional value for renewable energy, and provide utilities opportunities to comply with state Renewable Portfolio Standards. We represent clients in the development of such policies and regulations and advise clients on how to take advantage of the opportunities they present.

Legislative Advocacy and Regulatory Proceedings

Given the advent of new solar power technologies, some jurisdictions are considering the adoption of new siting regulations specific to solar power generation facilities. Environmental advocates are typically involved. Our experience suggests that regulated industries are best served through active participation in any such regulatory or legislative activities. Perkins Coie attorneys serve clients in a host of regulatory enactments. We are skilled in negotiating favorable amendments to proposed regulations based on our knowledge of the relevant policies and technologies.

Litigation

When solar energy projects are subject to legal challenge, we represent project developers in defending their permits and agency approvals.  Our representation occurs at all levels, and has successfully defended major projects in federal trial and appellate courts, state court, and agency appeals boards.  We typically begin to develop litigation strategy at the permitting stage to anticipate and address the potential grounds for legal challenge so that the strongest possible defense can be provided if litigation occurs.

Representative Experience

• Primary counsel to BCL and Associates in navigating federal lands right-of-way application and environmental review process for two proposed solar power generation projects in California totaling 800 MW.
  
  
• Primary energy counsel to BrightSource Energy, Inc. in obtaining federal approvals for the Ivanpah Solar Electric Generating System (ISEGS) project located on public lands in California. The ISEGS project is currently being built on nearly 3,500 acres of public land and will generate approximately 370 MW of electricity when fully operational. Representation includes counseling and developing a strategy for BrightSource on issues involving compliance with NEPA, ESA and other federal laws relating to development on federal land.  We are also defending the project in two cases filed in federal district court in California.  Issues in the cases include NEPA, ESA and FLPMA compliance.  We have successfully defended against a request for a preliminary injunction in the district court and a request for an injunction pending appeal in the appellate court.
  
  
• Representing BrightSource Energy, Inc. in site development and project development for Rio Mesa Project in California and Hidden Hills project in Nevada.
  
  
• Our lawyers successfully obtained and defended all necessary land use permits for the 75MW Teanaway solar project in Washington state. The TSR project is designed to generate up to 75 MWdc of photovoltaic solar energy, and is located within approximately 982 acres of rural timberlands. The project completed its environmental review, and received its conditional use permit and approved development agreement, in just over one year from filing.

• Represented developer of large-scale military facility privatization projects that involve residential solar applications.
  
  
• Represented provider of integrated software and financing solutions to the solar industry.
  
  
• Represented innovative outdoor lighting company that significantly reduces or eliminates power bills, maintenance costs and CO2 pollution through the integration of solar power, computer controls, LED lighting and advanced energy management.
  
  
• Represented company that builds inverters for solar panels.
  
  
• Represented a leading company that focuses on changing the way solar electric (photovoltaic) systems are installed with standardized residential solar electric systems which are pre-engineered and pre-assembled, making them the easiest and most cost-effective way to install solar.
  
  
• Represented a company that owns rights to solar tower technology, which uses solar radiation to heat air beneath a large translucent collector to create a constant flow of heated air to drive electricity-generating turbines.

• Represented a manufacturer and developer of large concentrated solar projects on transmission issues, the power purchase agreement and regulatory issues associated with constructing a large solar project in California.

• Represented the end-user of a solar thermal facility at a Marine Corps base in North Carolina.
  
  
• Represented the end-user in connection with a lease financing of a solar facility at an Air Force base in Arizona.
  
  
• Represented the end-user in connection with a power purchase agreement and related financing of a solar facility at an Air Force base in Hawaii.
  
  
• Represented the end-user of a solar facility at a Marine Corps base in North Carolina.
  
  
• Represented developer of privatized military housing in transactions involving installation of large-scale solar generation systems on rooftops and ground arrays.
  
  
• Represented developer of community solar energy projects involving panel sales, PPA with utility, and net metering arrangements.
  
  
• Represented the end-user in connection with a power purchase agreement and related financing of a solar facility.
  
  
• Renegotiated and amended PPAs for the SEGs I and II solar projects in California, combined capacity 43 mW.
  
  
• Lead energy and corporate counsel for developer of solar panel array projects where subscribers can exchange solar power generated on array for electric utility credit. Perkins Coie attorneys are assisting with all aspects of the projects including financing, regulatory, tax/tax credit, corporate structuring and project development.
  
  
• Counsel for Arizona solar project two-phase lease transaction involving 6.1 mW.
  
  
• Counsel for North Carolina solar thermal purchase agreement with annual production of 8.6 billion BTUs (811 kW).

• Represented Solar Energy Industries Association on public lands access and use regulations and policy and NEPA compliance issues.
  
  
• Represented Solar Energy Industries Association in developing comments on BLM right-of-way and competitive leasing regulations.
  
  
• Represented BrightSource Energy in the preparation of comments on the BLM programmatic draft EIS for solar energy development on public lands.
  
  
• Assisted Solar Energy Industry Association in developing Congressional testimony and commenting on agency proposals related to federal wildlife conservation laws.

Contact Us

For more information on the Solar Energy group, please visit www.perkinscoie.com/cleantech or e-mail: