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

Is Your Business an “Essential Business”? Navigating California State and County COVID-19 Shelter-In-Place Orders

In light of the recent “Shelter-In-Place” orders issued by all nine Bay Area counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma, Solano, and Napa) and the subsequent “Stay-At-Home” order issued...

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News

SCOTUS Clean Water Act Test ‘Devastating’ for Industry

Sarah Bell commented on the U.S. Supreme Court ruling saying that the Clean Water Act can be used to regulate pollution that travels through groundwater. Read full article, here . The case is  County...

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Publication

Business Interruption Coverage for the Coronavirus (COVID-19)

The coronavirus (COVID-19) has already caused severe disruption to the economy. In the U.S., governmental entities as well as the private sector are implementing more and more drastic measures to respond to the coronavirus...

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Publication

Permitting Utility-Scale Battery Energy Storage Projects: Lessons From California

The increasing mandates and incentives for the rapid deployment of energy storage are resulting in a boom in the deployment of utility-scale battery energy storage systems (BESS). In the first installment of our series...

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Publication

Renewable Energy Roundtable Update in the Wake of COVID-19

The COVID-19 pandemic has resulted in widespread disruption of business and industry across California, including the state’s vibrant renewable energy and energy storage industry. Farella Braun + Martel attorneys are tracking developments and advising...

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Publication

Force Majeure and Contractual Non-Performance During the Coronavirus Pandemic

Never in the experience of most of us has an event so thoroughly interrupted business as usual as the coronavirus (COVID-19) pandemic. Everywhere, contract parties facing severe stress in their businesses are reassessing their contractual...

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Publication

San Francisco Bay Area Counties Issue Stricter Limits on Commercial Activities in Updated COVID-19 Shelter-In-Place Orders

To combat the growing number of coronavirus cases in the Bay Area, six local counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara) have issued updated Shelter-In-Place orders that extend the...

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Publication

Batteries, Bankruptcies and the Future of Renewable Energy

The Growth of Renewable Energy Renewable energy sources have been rapidly deployed across the nation for more than a decade. In addition to government mandates in California and other states promoting renewable energy, federal...

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Publication

Fed Announces New Main Street Lending Program

Loans Will Provide Additional Support for Small and Mid-sized Businesses On April 9, 2020, the Federal Reserve released the terms of its Main Street Lending Program , a $600 billion loan fund for U.S...

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Publication

CARES Act Paycheck Protection Program Summary (Updated)

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Paycheck Protection Program (PPP) aims to provide qualifying small businesses, nonprofit organizations, veterans organizations, tribal businesses, sole proprietors, and independent contractors forgivable loans of...

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