Energy + Natural Resources

Renewable Energy and Clean Technologies

In California and beyond, Farella serves innovative renewable energy companies, pioneering startups, and some of the largest solar, wind, and geothermal producers—including the oldest renewable energy project in Northern California, the 900 megawatt Geysers Geothermal Field.

From project inception through commercial operations, we ensure that developers, investors, owners, and lenders are positioned to meet the requirements of this dynamic market. Across the energy spectrum, we provide legal and business guidance based upon our practical field experience, and offer seamless access to subject matter specialties. Our counsel covers the full range of needs in:

  • Acquisitions and dispositions
  • Capital markets transactions
  • Environmental
  • Insurance
  • Intellectual property
  • Joint development agreements
  • Judicial and administrative agency litigation
  • Land use and permitting
  • Offtake and interconnection agreements
  • Procurement and construction
  • Project financing
  • Real estate
  • Regulatory
  • Tax

We believe that our years of experience working on some of the earliest and most innovative renewable energy projects throughout California is a competitive advantage for our clients. Our early involvement in renewable projects gives us unique insight and allows us to shape successful strategies for companies and entrepreneurs. As leaders serving the industry in California, we export our knowledge and learnings as renewable energy development spreads across the country and beyond its borders.

Energy Storage Projects

With more storage technology options emerging and the United States transitions to a cleaner energy economy, energy storage is poised to play an even greater role, particularly in California, Arizona, and Nevada. Increasingly, our renewable energy team is working with entities that are either developing storage technology or looking for real estate purchase or leasing deals to build storage facilities.

Currently, we are involved in battery and hydro pump storage projects, as well as working with interesting new technologies using compressed air stored in caverns and different ways of harnessing power over time.

Financing

Alternative energy production and storage enterprises face non-conventional financing obstacles—lenders tend to be more conservative because risks are greater. Having been involved at every phase of development in energy project financing, we understand the hot button issues, risks, and lender concerns. Our clients appreciate our awareness of potential problems that might arise two or three years before financing is complete and our ability to help them navigate the novel aspects that can cause financing problems.

Real Estate

The market for renewable energy projects is growing while land regulations are increasing. Today, the prospect of running into environmental problems—protected species, water, and other resources—puts some locations at risk. We stay on the forefront of all important developments and apply various skill sets and knowledge to help our clients work through complex land acquisitions or leases.

Utilizing smaller, highly responsive teams, we are true partners with our clients, saving them time and money, without sacrificing on quality.

Firm Highlights

Publication

Engineering, Procurement and Construction Agreements for Utility-Scale Battery Projects

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in the negotiation...

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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

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

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

San Francisco Now Requires 100% Renewable Energy for Commercial Buildings

The San Francisco Board of Supervisors passed an ordinance this week requiring owners of all nonresidential buildings in San Francisco of at least 50,000 square feet to provide all on-site electricity demands from 100...

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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

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

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

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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