Energy + Natural Resources

Renewable Energy

Experience

World Energy, LLC

Represented World Energy, LLC, one of the largest advanced biofuel suppliers in North America, in its acquisition of Delek US Holdings, Inc.’s interests in renewable jet fuel and diesel producer AltAir Paramount, LLC.

Iberdrola

Represented an international integrated alternative energy company in negotiating all aspects of several EPC contracts for utility scale solar projects, preparation of joint development agreements, joint operating agreements and due diligence reports for sites throughout the Western United States and drafting contracts touching on virtually all aspects of operating a major international solar energy company.

Invenergy Wind Projects

Represented Invenergy in connection with developing, acquiring and financing wind projects in Colorado and California, including as lead project development counsel with respect to a joint venture between Invenergy and SDG&E developing a wind project on tribal land in Southern California.

LightBeam Tax Credit Equity Financing

Arranged conventional and tax credit equity financing for LightBeam Energy’s project development backlog of 10 megawatts of solar power generation. The 10 megawatts of solar power generation are part of a six project Agreement to Proceed (ATP) LightBeam Energy entered into with the Northern California Power Agency (NCPA).

Soitec

Served as corporate, real estate and financing counsel with respect to the development, acquisition and financing of solar energy projects in California.

Zep Solar

Defended Zep Solar (which was later acquired by SolarCity) in patent infringement lawsuits filed in the International Trade Commission and the Northern District of California relating to efficient techniques for mounting solar panels. After obtaining early dismissal of Plaintiffs' claim for declaratory judgment of noninfringement because there was no subject matter jurisdiction, we sought a stay of the litigation pending an inter partes reexamination of the patent-in-suit in the Patent and Trademark Office. The asserted patents were invalidated virtually in their entirety, and the cases then settled.

Covanta Energy Company

Represented Covanta Energy Company regarding contractor and vendor claims relating to the completion of an expansion to the H-Power power generation facility in Kapolei, Hawaii. The H-Power facility burns solid municipal waste, generates electricity and recovers for recycling both ferrous and non-ferrous metals from the waste stream.   

Exploratorium Museum San Francisco

Assisted in monetizing the renewable energy tax credits associated with an approx. $7 million 1.5 MW PV rooftop solar installation at its newly renovated science museum facility located on the San Francisco waterfront and represented the client in connection with agreements for the purchase and operation and maintenance of the system.

First Solar - Desert Sunlight Solar Farm

Served as environmental, real estate and permitting counsel on the development and financing of the Desert Sunlight Solar Farm project, a 550-megawatt solar photovoltaic facility located on approximately 4,000 acres of land administered by the Bureau of Land Management in Riverside County.

First Solar - Topaz Solar Farm

Served as environmental, real estate and permitting counsel on the development and financing of the Topaz Solar Farm project, a 550-megawatt solar photovoltaic facility located on approximately 4,000 acres of private project land with more than 12,000 acres of land to be protected and preserved in San Luis Obispo County.

First Solar Acquisition of NextLight Renewable Power

Assisted First Solar in acquiring, by merger, NextLight Renewable Power’s extensive solar project pipeline in California, Arizona and Nevada valued at $285 million. Farella attorneys coordinated the environmental, permitting and land use aspects of the transaction for First Solar.

FRV, Inc.

Represented FRV, Inc. in the acquisition of an early-stage, 350 megawatt photovoltaic solar development project, including acquisition of the project entity, land transfers and mitigation land option agreements.

Perpetual Energy Systems

Represented Perpetual Energy Systems in connection with renewable energy/construction financing of a $35 million construction term loan and tax equity investment. U.S. Bank served as the construction lender and tax equity sponsor.

SOLON Corporation

Represented manufacturer/developer in connection with EPC, O&M and stock purchase agreements related to 10 megawatt tracking solar energy facility in Mohave County, AZ.

Utility Scale Solar EPC Contracting

Represented International Integrated Alternative Energy Company in negotiating all aspects of several EPC contracts for utility scale solar projects; preparation of joint development agreements, joint operating agreements, and due diligence reports for sites throughout the Western United States; and drafting contracts touching on virtually all aspects of operating a major international solar energy company.

California Independent System Operator

Represented the California ISO in a wide variety of matters, including arbitrations and disputes with market participants, and representation of independent power producers in connection with transmission access issues.

First Solar - Campo Verde

Served as corporate, environmental, real estate and permitting counsel on the acquisition, development and sale of the Campo Verde Solar Project, a 139-megawatt solar photovoltaic facility located on a 1,443-acre site in Imperial County, Calif.

First Solar - Transactional Work

Served as lead transactional and diligence counsel to First Solar in connection with several utility-scale photovoltaic solar development projects, including the acquisition of the Moapa Solar Project in Nevada. 

Guenoc Winery

Represented winery in negotiations of a pending contract for the third party installation and ownership of a large solar power facility.

International Integrated Alternative Energy Company

Represented an international integrated alternative energy company in negotiating all aspects of several EPC contracts for utility scale solar projects; preparation of joint development agreements, joint operating agreements, and due diligence reports for sites throughout the Western United States; and drafting contracts touching on virtually all aspects of operating a major international solar energy company.

NaturEner USA

Represented NaturEner USA LLC, a renewable energy company, in securing a $320 million construction loan to build the 189-megawatt Rim Rock wind power project in Montana. 

NextEra Energy Resources, LLC

Representing NextEra Energy Resources in connection with the federal approvals necessary to re-permit its 485 MW Blythe Solar Project for PV solar development, and in permitting and developing its 750 MW McCoy Solar Project, both of which are located on federal public land in Riverside County managed by the Bureau of Land Management.

OptiSolar

Represented OptiSolar in negotiating all aspects of several EPC contracts for utility scale solar projects; preparation of joint development agreements, joint operating agreements, and due diligence reports for sites throughout the Western United States; and drafting contracts touching on virtually all aspect of operating a major international solar energy company.

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...

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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...

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Publication

PG&E Bankruptcy: Lessons Learned and a Path Forward

Farella's Unplugged Renewable Energy Series features Nick Moore (moderator) and Gary Kaplan (panelist) discussing "PG&E Bankruptcy: Lessons Learned and a Path Forward." The California power giant, PG&E, has emerged from the country’s largest utility bankruptcy proceeding as...

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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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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

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

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

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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