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

Breaking up the Patent Monopoly for the Benefit of Batteries

The patent monopoly is at odds with the global need for battery storage technology. As the world mobilizes towards climate change solutions, companies with battery patents will face increasing pressure to share this critical...

Read More
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...

Read More
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...

Read More
Publication

Battery Energy Storage Systems Integrated in Solar Facilities To Receive Tax Incentives

Intermittency is one of the largest issues impeding increased reliance on energy from utility-scale renewable energy generation sources such as wind and solar. Battery energy storage systems (“BESSs”) can alleviate concerns related to intermittency...

Read More
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...

Read More
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...

Read More
News

How the Energy Transition Is Affecting the EPC Business

Mike Ginsburg was quoted in the Legal and Policy Considerations section of the  POWER  magazine article, "How the Energy Transition Is Affecting the EPC Business," outlining key trends affecting the EPC business. Read the...

Read More
News

Farella Braun + Martel Ranked Among “Best Law Firms” by U.S. News & World Report and Best Lawyers

SAN FRANCISCO, November 5, 2020: Farella Braun + Martel earned national and regional rankings across a number of practice areas in the U.S. News & World Report and Best Lawyers® release of the “Best...

Read More
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...

Read More
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...

Read More