Renewable Energy

In the last decade, the development of renewable energy projects has accelerated throughout the United States. There has been a new wave of solar, wind, biomass, waste-to-energy, and cogeneration projects.

As an active participant in the renewable-energy sector, Pepper has substantial experience with virtually every type of renewable-energy facility. Equally important, Pepper attorneys have the skill and experience to bring these projects from concept to completion.

We have advised clients on dozens of projects across the country. We are very familiar with the federal and state legislation facilitating and subsidizing renewable energy projects. Although state approaches vary, Pepper also is well-acquainted with existing renewable energy portfolio standards and with the related state legislation creating marketable renewable energy certificates. We have structured many projects to take advantage of federal and state grants, tax incentives, and renewable energy credits.

Pepper serves many different types of clients, including developers, investors, lenders, and end users seeking to host renewable energy projects.

Our inter-disciplinary team of attorneys is experienced with solar, wind, biomass, waste-to-energy, cogeneration, and carbon sequestration projects. We handle all aspects of a project, 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
corporate and financial structuring
land use approvals
environmental permitting and compliance
power purchase agreements
grant applications and agreements
tax advice and counseling on tax incentives
intellectual property; patent prosecution and licensing
project leases and other real estate transactions.

We also represent clients in a wide array of regulatory proceedings, including proceedings before various state public utility commissions. In addition, we assist clients in seeking grants, licenses, permits and other regulatory approvals, at the federal and state level.

Our tax lawyers advise clients on a multitude of structuring issues. We advise clients on strategies for obtaining the tax credit for producing electricity from renewable resources, the investment tax credit, the new Renewable Energy Grant program, and certification of Qualified Advanced Energy Manufacturing Projects Credit.

Our representative engagements include:

representing the developer of a waste-to-energy facility that will have a capacity of approximately 25 megawatts
representing a hospital in connection with a 5-megawatt cogeneration project and a solar photovoltaic system, both of which will be owned and operated by a third party
advising the owner of a hydroelectric facility on the ownership of renewable energy credits arising under Pennsylvania law
representing a limited liability corporation based in Germany, on the creation of joint ventures to develop, market and sell renewable energy projects in the United States, including solar arrays and wind farms
advising a frozen foods manufacturer on the development of a large ground-mounted solar photovoltaic system
representing a ball bearings manufacturer based in Pennsylvania with respect to grant agreements with the state for a solar power system and a related agreement with an engineering firm that is designing, installing and constructing this system
negotiating an agreement for the installation of a 2.19-megawatt solar energy system, and related agreements for operation and maintenance, output guarantees, and the sale of renewable energy credits generated by the system
negotiating and drafting contracts for the purchase of major equipment and for the design and construction of a power plant in San Diego fueled entirely by urban wood waste, and supplying power and related “green” credits to a major local utility
representing the developer of a rooftop solar array being installed on a large retail store in New Jersey
representing a leading trade association in submitting comments to the IRS and obtaining guidance on Section 45 credits for biomass facilities
representing a Fortune 200 company before the U.S. Treasury on Section 1603 grant qualification issues and other Section 48 credit issues
negotiating a power purchase agreement and leaseback for a rooftop solar photovoltaic project for a client’s corporate headquarters, and advising the client on New Jersey renewable energy subsidies, including renewable energy certificates and net metering
representing a manufacturer based in Ohio with respect to a solar array being constructed on an area that contains low-toxicity waste material
representing a university in connection with an agreement to host a solar power system owned by an electric utility
counseling a non-profit organization on the development of a solar photovoltaic panel field array, including advising the client on state renewable energy subsidies, compliance with state Department of Environmental Protection regulations, and local land use and zoning implications.

Ownership Structures; Alternative Energy Governance

We are very familiar with the ownership structures and financing approaches used by developers and owners of renewable energy projects. We understand the regulatory environment, the federal tax credits, and the state-established renewable energy credits that drive the operations of these entities.

We have been advising project developers, manufacturers, retail chains, owners of office buildings, universities, hospitals, housing authorities, and other entities on various state and federal grant programs available for renewable energy projects. Additionally, our tax lawyers advise many clients on the techniques available for maximizing the availability of tax credits and accelerated depreciation. Our tax lawyers also have advised clients on the tax implications of renewable energy projects used by non-profit organizations.