Regulation
Innovation / Startup
At Perkins Coie we work with companies that are under pressure to respond to new regulatory mandates and business initiatives in sustainability and climate change. We will work with you to formulate business plans and to develop meaningful partnerships with utilities, municipalities and other partners for research, development and deployment. Our attorneys have experience with solving the problems facing technology developers, understand the government programs that promote green technologies, and are familiar with the use of such technologies in their practices.
We can work with you on sustainable development matters such as the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED®) rating system and regulatory compliance matters such as greenhouse gas emission regulations. We can help you understand the ways existing and emerging greenhouse gas regulations may affect your business and how you might find opportunities in the GHG-offset market. We can also advise you on how to meet energy efficiency and renewable energy requirements and help you obtain other regulatory approvals and manage risk.
As an active participant in the energy sector, our attorneys have substantial experience with every type of renewable-energy facility and we have the skill and experience to bring these projects from concept to completion. We can provide strategic counsel to you across a broad range of industry sectors, including advanced energy generation (such as solar, wind, geothermal, biomass, waste-to-energy, natural gas, cleaner coal, and hydrokinetic); battery and other energy storage technologies; energy efficiency; transmission, distribution, and smart grid; green building; bio-based chemicals; and electric vehicle, biofuels, and other transportation technologies.
Market Entry
We will provide you with critical information regarding legislative and regulatory developments in the clean technology sector, as well as to understand the processes you must follow to obtain government funding for your ventures or projects. We will work closely with you to identify sources of funding and to prepare submissions for loan guarantees, grants, and other federal funding programs and will provide you with strategic advice on best practices in managing these complex processes.
We assist clients in commenting on regulations, obtaining regulatory approvals and ensuring compliance needed to market products. We will work with you to understand the legal limitations on green marketing provided by the Federal Trade Commission regulations as well as other product labeling and advertising issues).
We will work with you on issues before state public utilities commissions involving renewable energy interconnection and transmission, the purchase and sale of renewable energy credits (RECs), as well as the shaping of state incentives programs for renewable energy clean technology programs. Although state approaches vary, we can assist you in taking advantage of available programs. We will also assist you with environmental permitting, project siting, and other related regulatory issues related to renewable or clean technology projects.
Large Scale Commercialization
Our team of clean technology attorneys is experienced with solar, wind, geothermal, biomass, waste-to-energy, cogeneration, and carbon sequestration projects. We can assist you with all aspects of your projects, including, purchases and sales of renewable energy credits; engineering, procurement and construction (EPC) agreements; net metering, virtual net metering, and interconnection; purchases and sales of biomass, scrap, and waste material for use as fuel; solar access rights; land use approvals; environmental permitting and compliance; power purchase agreements; grant applications and agreements; and project leases and other real estate transactions.
We can help you structure a project to take advantage of federal and state grants, tax incentives, and renewable energy credits. We are prepared to represent you in a wide array of regulatory proceedings, including proceedings before various state public utility commissions. In addition, we can assist you in securing licenses, permits and other regulatory approvals, at the federal and state level.
In the renewable energy area, we can provide advise to utilities, independent power producers, project developers and investors on wind, solar, biomass, and geothermal project development, transactions, and regulatory matters such as reliability compliance and grid integration and interconnection.
Learn how we advise clients in these industries below.
Solar
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 leases, net metering, tax incentives, financing and other issues that affect solar energy projects, as well as other renewable energy projects. When necessary, we have also defended projects against legal challenges.
Wind
For the past decade, Perkins Coie lawyers have been advising wind developers, lenders, investors and utilities on all aspects of large and small wind projects, in both regulated and unregulated settings. We have worked on numerous projects, addressing issues related to siting, permitting, construction, financing, operation, power purchase agreements and interconnection to the grid. Our multidisciplinary wind energy team has worked with utilities, developers, financial supporters and end-user customers on leases, tax incentives, financing and the other issues that affect wind and other renewable energy projects. When necessary, we have also defended projects against legal challenges.
Water
Global warming, climate change, droughts and population growth all contribute to water shortages in numerous areas across the United States and worldwide. To solve these water problems, researchers and developers are exploring clean energy devices and clean methods improve water storage, increase the water supply and conservation, and promote desalination and water reuse. Perkins Coie attorneys work with investors and researchers who are looking to invest in and revolutionize these clean/green water technologies and processes. Our attorneys represent and counsel water organizations, private companies, venture capitalists, industry groups, and real estate developers to ensure that the use of clean/green technology maximizes water use, sustains anticipated growth, protects existing investments and align with local, state and federal regulations regarding water use and water quality. We also assist governments in developing legislation to encourage clean technology and clean methods for water use, including by using rain collection devices with impervious surfaces and minimizing evaporative losses from water reservoirs open to the atmosphere. We also counsel governments and municipalities regarding clean methods for water development and management, including performing non-injurious inter-basin transfers of water, reusing of gray water for irrigation and industrial use, and storing storm and gray water underground for subsequent reuse.
Transportation
The Department of Energy's Vehicle Technologies Program focuses on developing energy-efficient and environmentally friendly highway transportation technologies that reduce America's petroleum dependence. Perkins Coie attorneys provide the Cleantech transportation industry with legal counsel in a number of areas including hybrid and vehicle systems, vehicle energy storage, vehicle charging stations, advanced combustion engines, fuels and lubricants and more. Perkins Coie lawyers have always represented leaders in the transportation industry. As transportation technology evolves, Perkins Coie continues to represent industry leaders and innovators. We counsel companies that develop, build and market the next generation of highly efficient aircraft and ground vehicles, and work with entrepreneurs and venture capitalists involved in the latest clean transportation technologies.
Materials
Innovative and green or eco-friendly materials for construction and energy products continue to grow in popularity as we strive to have a less harmful impact on the environment in the places where we live and work. Perkins Coie has been involved with several of the leading research institutions, companies and entrepreneurs seeking to establish new materials that are compatible with the environment. Our experience in helping establish collaborations between our clients, university research institutions and government-sponsored research institutions, has helped bring innovative materials to market. Our IP team is responsible for dozens of patents protecting these unique and innovative substances, and our business transaction professionals have established strategic partnerships for the development, manufacturing and commercialization of an array of clean materials.
Geothermal
The use of geothermal energy as a renewable base load to produce electricity is increasing in the western United States and other parts of the world. Since the early 1980s, Perkins Coie lawyers have been assisting clients with their geothermal power plant project acquisition, siting, development, construction and operation legal issues. Our geothermal legal team's experience includes advising developers, contractors, lenders, investors and utilities on all aspects of large and small, domestic and international geothermal projects, including geothermal leasing on private and public property, water rights acquisition, permitting, engineering, procurement and construction contracts, power purchase agreements, interconnection and transmission agreements, project finance and tax incentives.