At the forefront of the rapidly developing market and regulatory environment for energy and infrastructure projects, Farella attorneys are resolving sophisticated project development, real estate, land use, environmental, construction, operational, tax, litigation, and intellectual property issues. Our work enables project developers, independent power producers, construction and operations contractors, technology manufacturers, and other entities that develop, own, construct, or operate large scale energy generation, storage, and transmission projects to succeed.

From strategy and entity formation to negotiation and documentation of development and purchase and sale agreements, we have the knowledge and resources to stay with your energy or infrastructure project or company throughout its lifecycle. Our dedicated industry approach allows us to efficiently addresses the cross-disciplinary needs of the energy and infrastructure sector. From securing land rights and guiding projects through permitting, entitlement, and construction to long-term operations and more, we become trusted legal advisers to our energy industry and project development clients.

Our cross-disciplinary team of attorneys provides clients a range of services including corporate structuring and financing, mergers and acquisitions, contract negotiation, environmental counseling and permitting, real estate transactions, tax counseling, intellectual property and court and administrative agency litigation.

We offer clients sophisticated strategic counseling, business advice and execution from project inception through construction and operation, to management or sale, including:

  • Structuring, negotiating and documenting purchases and sales of development rights, projects and project portfolios at all stages of development
  • Representing clients on site acquisitions, dispositions and contributions
  • Structuring and documenting complex, multi-project joint ventures, joint development agreements, shared facilities agreements and development services agreements
  • Obtaining federal, state and local land use entitlements and environmental permits and coordinating environmental review and approval pursuant to the California Environmental Quality Act and National Environmental Policy Act and federal and state endangered species, water quality and cultural resource laws and regulations
  • Negotiating and documenting PPAs for project sponsors and negotiating and documenting EPC and O&M agreements for project sponsors and contractors, and advising on and documenting related “financeable” terms and conditions
  • Advising clients in connection with project construction and operations compliance and addressing construction and operations-related claims and litigation
  • Due diligence review of project and pipeline portfolios and development teams for potential acquirers and investors
  • Structuring tax strategies
  • Intellectual property counseling and litigation
  • Defending project entitlements and approvals in judicial and administrative agency litigation

Firm Highlights

Publication

PSDcast – Is Energy Companies' Customer Data a Trade Secret?

We often focus on the privacy issues involved in data collection – and they are critically important – while neglecting the idea of data as a tangible and valuable resource (and how to protect...

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Publication

Electric Fence: Protecting Proprietary Rights in Collected Energy Data

Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data about how...

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Publication

Marine Plastic Pollution: How Global Extended Producer Responsibility Can Help

Nearly nine million tons of plastic waste flow into our oceans each year, arriving in many ways—ranging from polluted rivers and waterways to the wastewater from our washing machines. Once in the ocean, this pervasive...

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News

US Urged to Overhaul Public Land Rents, Siting to Bridge Renewables Gap

David Lazerwitz is quoted in the  Reuters Events article, " US Urged to Overhaul Public Land Rents, Siting to Bridge Renewables Gap." In the article, David said BLM needs to bring the cost of developing on federal...

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News

US Govt. Promises Additional Offshore Wind Lease Sales, Offers Greater Certainty

John Ugai spoke to  Net-Zero Business Daily for the article "US Govt. Promises Additional Offshore Wind Lease Sales, Offers Greater Certainty." Read his commentary and the full article here .

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News

Plan for Off-Shore Turbines Likely To Generate Many Billable Hours

David Lazerwitz provided commentary in the Daily Journal article "Plan for Off-Shore Turbines Likely To Generate Many Billable Hours."  In the article, David noted that we are still a long way from actually developing...

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News

Farella Represents Catalyze in Its Acquisition of PermaCity

Northern California legal powerhouse Farella Braun + Martel represented leading national independent power producer Catalyze  as due diligence counsel in its acquisition of solar developer and installer  PermaCity . Based in Boulder, Colorado, Catalyze...

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News

Farella Represents Swinerton in Sale of Renewable Energy Division and SOLV, Inc.

Northern California legal powerhouse Farella Braun + Martel represented Swinerton Incorporated in its agreement to sell its renewable energy division Swinerton Renewable Energy (SRE) and wholly-owned subsidiary SOLV, Inc. to private equity firm American...

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