Project Development and Finance
- Represented a European client that is one of the world’s largest and longest established investment funds dedicated to investing in the transition to a more sustainable economy, in its joint venture with a global independent power producer to co-develop over a dozen U.S.-based utility scale solar projects across various Eastern U.S. states, as well as advising on a wide range of other project development, tax and financing-related matters.
- Advised on the first U.S. offshore wind energy project, the 420 MW, Cape Wind Project, valued at more than $2 billion.
- Represented a consortium of senior secured lenders to a manufacturer of solar energy equipment, as well as its successor. Wide-ranging engagement included representing group of lenders in a DIP loan (including non-DIP financing for the borrower’s European subsidiaries), supplementary DIP financing, a successful credit bid by the lender to acquire the assets of the company, the provision of exit financing to the successor entity, and the financing of the subsequent merger and acquisition of the successor entity.
- Represented a global solar development firm in a joint venture with an Israeli public company for the development and operation of approximately one gigawatt of solar power, having an aggregate value of more than $1 billion.
- Represented a major impact lending fund that makes targeted loans to underserved communities in the South and Southwest, including to develop solar, wind and other renewable energy projects.
- Represented a Singapore-based multinational banking corporation in project financing through a secured credit facility related to a wind energy project in Canada, in its capacity as a member of a lending syndicate.
- Represents the developer on the financing of the $60 million rehabilitation of a portion of the historic Dayton Arcade in Dayton, Ohio, utilizing state and federal historic tax credits, new markets tax credits, Property Assessed Clean Energy (PACE) financing and various private and government sponsored loans, grants and other economic development incentives.
- Represented a major U.S. electric and gas utility in divestiture of a 33% minority interest in its solar portfolio.
- Represented a private clean-tech entity in connection with its acquisition of a controlling interest in a solar renewable holding company and its portfolios, and subsequent sale of certain portfolio projects, to a third-party purchaser.
- Represented a significant energy company in the early stages of development of a solar facility in Hawaii, including the negotiation of the lease terms and resolving environmental issues to facilitate the development of the facility.
- Represented a solar power company in a contractual dispute with its general contractor concerning the transfer of ownership and the right to past and future payments for power produced by the project.
- Represented a wind engineering company in the negotiation of joint venture for the development of a utility-scale wind farm project in Mexico (JV was ultimately abandoned based upon a variety of issues with the joint venture partner).
- Represented a multinational bank in its evaluation of opportunity to finance Honua Power, a biomass-fired powerplant in Hawaii, including all due diligence aspects and the preparation of initial financing documents.
- Represented various renewable energy companies in their equity, debt and project financings.
- Served as project development counsel to the developer of the Atlantic Wind Connection, a proposed350-mile subsea electric cable carrying 6,000 megawatts of power from future offshore wind turbines off the U.S. East Coast.
Tax
- Advanced renewable energy tax credit policy for solar and geothermal electricity-producing clients, leading to extension of credits that promoted positive investment environments.
- Advised various renewable energy companies on sales and property tax issues relating to project construction.
- Negotiated economic development incentive packages for renewable energy companies and guided related economic development legislation.
- Represented an insurance company as tax counsel in connection with its investment in a solar energy facility, which is anticipated to generate more than $40 million in energy tax credits.
- Represented the developer of a 25 MW solar project in Puerto Rico in all aspects of development, including structuring the tax equity financing.
- Represented various financial institutions in a number of tax credit monetization transactions involving renewable energy projects and the use of refined coal for power generation.
Additional Experience
- Advised a wind turbine manufacturer on overcoming several critical-path issues raised by stakeholders during the development of various wind farm projects, including the evaluation of cutting-edge legal issues related to the FAA’s timing for clearance of wind farm projects.
- Represent a wind turbine supplier before the Ohio Power Siting Board.
- Represent various renewable energy companies in the preparation of request for proposals issued by utilities and regional grid operators.
- Represented a privately-owned seller and installer of solar energy systems in its Chapter 11 filing in the U.S. Bankruptcy Court for the District of Colorado.
- Coordinated and drafted the response to a U.S. Customs antidumping and countervailing duty audit of a large manufacturer of high-quality photovoltaic solar cells and modules.
- Drafted and prosecuted patents relating to semiconductors and solar cells.
- In preparation for installation of 6WM solar power facility, intervened and addressed interagency coordination issues between the Tennessee Valley Authority and the U.S. Department of the Navy regarding environmental compliance, preventing any delay in construction.
- Represented a Chapter 11 trustee of government-subsidized company in litigation over anticompetitive conduct in the solar cell manufacturing market that drove the company out of business.
