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

Survey of Pay Disclosure Laws Across the Country

There has been a wave of new state and local legislation focused on pay transparency for job applicants. Right now, Colorado State and Jersey City are the only jurisdictions that require employers to provide...

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Publication

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash...

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Publication

California Extends COVID-19 Leave Through December 31, 2022

Governor Gavin Newsom has signed AB 152 into law, extending Supplemental Paid Sick Leave (“SPSL”) through December 31, 2022. SPSL, which requires California employers with over 26 employees to provide up to 80 hours paid...

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Publication

California Extends Presumption of COVID-19 as Workers’ Compensation Injury and Modifies Notice Requirements for Potential Exposure

In addition to AB 152 extending COVID-19 leave through December 31, 2022 , Governor Gavin Newsom has also signed into law two other COVID-related bills—AB 1751 and AB 2693—affecting employers’ policies regarding employees who...

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Publication

California’s Pay Transparency Act (SB 1162) – Are You Prepared?

This week the California legislature passed a pay transparency act that – pending Governor Newsom’s signature – will require significant changes in how employers draft job postings and how they report pay data to...

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Publication

New California Bill Requires Employers to Offer Bereavement Leave

AB 1949 , a bill passed by the California legislature and awaiting Governor Newsom’s signature, would require California employers to offer five days of bereavement leave to employees each time they lose a spouse...

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Publication

New Laws and Compliance Updates for California Employers in 2023

California has passed several new or amended employment laws covering topics ranging from off-duty marijuana use, reproductive rights, California Family Rights Act, COVID-19, criminal law and the workplace, new avenues of enforcement against employers...

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