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

Unpacking California Solar Taxation: What to Know During Development

Development of solar projects in California has been spurred by California’s renewable portfolio standard (RPS), which requires that 60% of retail electricity sales must be served by renewable resources by 2030 and requires all...

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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

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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Publication

Changing Climate, Changing Laws: Addressing New Wildfire Risk Requirements in Project Development

In this op-ed for pv magazine, David Lazerwitz and Linda Sobczynski of Farella Braun + Martel examine the levels of precaution necessary to ensure fire risk mitigation in project development. The increasingly common occurrence...

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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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