Energy & Renewable Energy

Renewable Energy

We represented the developer of Nebraska's first privately developed Utility-Scale wind energy project, an 80 megawatt Community-Based Energy Development (C-BED) wind farm near Bloomfield, Nebraska, as well as the Laredo Ridge wind project near Petersburg, Nebraska. We also represented developer interests in the drafting and negotiation of Legislative Bill 1048, Nebraska's wind energy export legislation. Since we represented the first projects in Nebraska, we have been involved in nearly every subsequent project.

We also represented a large renewable arm of a regulated utility in extensive due diligence review of a portfolio of wind energy generation facilities, which included facilities in Nebraska, Kansas, New Mexico, Oregon, Wyoming, and Texas. Our experience in renewable energy projects allows us to offer practical advice in all areas critical to success in wind energy development, including:

• Siting and Project Formulation for Solar and Wind Energy Facilities
• Leasing and Landowner Negotiations
• Zoning and Land Use Regulation
• Federal and State Environmental Permitting
• Community-Based Energy Development (C-BED) and Project Structuring
• Power Purchase Agreements and Generator Interconnection Agreements
• Legislative and Lobbying
• Taxation
• FAA Permitting
• Financing
• Securities
• Due Diligence

Renewable Fuels

We know the complicated landscape of renewable energy from the inside out. Our renewable energy group has extensive experience, dating from the infancy of ethanol in the 1970s to the advent of utility-scale renewable energy in the 2000s. We represent owners, developers, lenders, investors, agri-producers, and other key participants in all forms of the renewable energy business.

Our attorneys regularly work in many key areas in renewable fuels. They are adept at routing clients safely around potential regulatory roadblocks. Issues handled by our attorneys include:

• Entity formation, Acquisitions, and Mergers
• Equity Investments, Community-based Investments, Public and Private Offerings, SEC and State "Blue Sky" Regulations
• Financing Vehicles, Traditional Credit Agreements to Loan Syndication, TIF Financing and Leasing Options
• Site Selection and Acquisition
• Technology Licensing and Purchase
• Construction Contracting
• Land Use Permitting
• Complex Tax and Tax Credit Regulations, Publicly Traded Partnership Rules and Other Pitfalls
• Environmental Compliance, Environmental Permitting, Water Rights, Wastewater Issues, Phase I Environmental Assessments, Impact Statements
• Grain, Fuel, and Marketable Byproduct Contracting
• Rail, Truck and Other Transportation Issues
• Work Outs, Insolvency and Litigation
• Exit Strategies