Renewables

Sophisticated counsel for renewables.

We are a multi-disciplined team of transactional, real estate, environmental-regulatory and tax attorneys who focus predominantly on the renewable energy space. We bring a wealth of knowledge and hands-on experience to bear on each phase of the project lifecycle, from investor, joint-venture and tax equity financing; to site selection, acquisition and permitting; to the construction, management and operation of energy generation, transmission and storage facilities.

We work with investors, developers, owners and operators across the renewable energy industry. Our team has notable depth as it relates to the development of wind and solar installations as well as anaerobic digestion facilities and compressed natural gas fueling stations. Most important, we pride ourselves on understanding each client’s project objectives from their vantage point. Once brought up to speed, we work painstakingly to minimize risks, remove barriers to innovation, and drive project success.

Renewables Contacts

Brian D. Zoeller

Member

Louisville, KY

502.779.8717

Gregory Dutton

Member

Louisville, KY

502.779.8557

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Experience Highlights

Explore recent examples of our work to get a sense of who we are and what we're capable of.

Acquisitions & Development

Counsel to approximately 20 developers in various roles across the Midwest representing approximately $5 billion worth of potential project development, including the following:
- Negotiating leases and purchase agreements with landowners.
- Leading regulatory approval process on multiple projects in KY including a 200-MW project on a reclaimed mine site in eastern KY.
- Advising clients in OH regarding jurisdiction of the Power Siting Board on solar projects with battery storage.
- Reviewing form developer leases for compliance with state law.
- Analyzing state and local tax issues, including assessing property tax liability and mitigation strategies.
- Counseling on state tax incentives including local and state approval of industrial revenue bonds in KY and WV.
- Assisting multiple clients with acquisition of early-stage development projects
- Advising and leading local land use approval efforts.
- Managing real estate title due diligence through our affiliated title agency.
- Advising multiple clients on the requirements to have reclamation bonds released as part of brownfield development projects on reclaimed coal mines.
Represented a large cooperative utility on the environmental permitting for its utility-scale solar project. This involved evaluating and obtaining a variety of water permits (Section 404 “wetlands” permit, stormwater, floodplain, etc.), as well as determining whether air, waste, or other permits were required. We also assisted with NEPA requirements since the utility receives financing assistance from the USDA Rural Utilities Service.
Advising various government entities on tax abatement and road use agreements in OH.
Providing advice on solar policy issues with the Mid-Atlantic Renewable Energy Coalition in KY on property tax and development restrictions and in WV regarding decommissioning requirements.
Representing contractors focused on construction of solar projects in negotiating engineering, procurement and construction (EPC) agreements and other construction-related agreements such as lien waivers, limited notices to proceed, and subcontractor agreements.
Advising a client on a potential wind project on a reclaimed mine site in eastern KY.
Represented a large cooperative utility on the environmental permitting for its utility-scale solar project. This involved evaluating and obtaining a variety of water permits (Section 404 “wetlands” permit, stormwater, floodplain, etc.), as well as looking at whether air, waste, or other permits were required. We also assisted with NEPA requirements, since it receives financing assistance from the USDA Rural Utilities Service.
Local counsel on multiple utility-scale solar projects in early development stage, including advising on land use, state and local tax and permitting with the PSC Siting Board.
Performed real estate due diligence, lease review, survey review, and project site analysis for portfolio of solar energy projects being purchased by a national energy company client.
Represented national renewable energy company in its sale of two large wind farms, collectively valued at over $300 million.
Represented national energy company in its acquisitions of multiple large portfolios of wind projects in several jurisdictions, including reviewing leases, surveys, title pro formas, title commitments, and all relevant real property documents for more than 50,000 acres of leased property and drafting wind leases, mortgages, leasehold mortgages, subordination and non-disturbance agreements, crossing agreements, and collateral assignment agreements.
Represented high profile project development company in its sale of a development-stage wind project to a large energy company, including drafting the Purchase and Sale Agreement.
Advised global consumer products company on its 18-month process to identify a solution for its thermal energy needs that resulted in a 15-year renewable natural gas offtake agreement for gas processed at the Big Run Landfill in Ashland, KY.
Counseling a current client on a high BTU landfill gas to pipeline project in western KY, including negotiations for pipeline interconnection, various capital sources, air permitting, and various offtake partners.
Lead counsel on an anaerobic digester project that was to process 100 million gallons of distillery stillage into renewable natural gas, including interconnecting with the gas utility, managing local planning and zoning process, engaging community partners, and procuring a $2.1 million incentive under KY’s Incentives for Energy Independence Act.
Represented land company in long-term ground lease for 100MW solar farm with EDF Renewable Resources.
Real estate/local counsel to East Kentucky Power Cooperative in $129M purchase of generation facility in Oldham County, KY, from Bluegrass Generation Company, L.L.C.
Performed real estate due diligence on projects for the sale of a portfolio of hydroelectric assets.

Finance

Represented borrower private energy company and project developer in a $100 million credit agreement and tax equity arrangement to be used for the construction and acquisition of a large photovoltaic solar panel installation.
Represented a large national energy company in its debt and tax equity financing of a portfolio of 25 community solar projects, with a total project value of over $250 million.
Served as West Virginia counsel to a lender for an approximately $600 million loan to finance the NedPower Mount Storm Wind Energy Project, a 264-Megawatt wind farm, including review of loan documents, environmental, interconnection and energy purchase agreements, regulatory and real estate due diligence for lenders, a consortium of international banks.
Represented a group of international and domestic lenders in a loan for approximately $225 million to fund the development of a large wind energy project in West Virginia. This included serving as environmental counsel, as West Virginia counsel for the lenders to resolve title and title insurance issues, as well as providing advice as to administrative proceedings and litigation related to noise complaints and other risk management and due diligence issues.
Represented a national, specialized private equity firm in a financing arrangement it conducted for a portfolio of hydroelectric assets.
Represented large electric cooperative in a $1 billion private bond offering, including drafting the preliminary offering memorandum and all necessary disclosures.

Administrative

Selected by the KY Department for Energy Development and Independence as a stakeholder in KY’s participation in the National Governors Association’s Policy Academy on Power Sector Grid Modernization.
Worked with Open Road Renewables to establish a working group of large corporate purchasers of renewable energy to advocate for the establishment of green tariffs in KY.
Negotiation and preparation of hundreds of options, leases, deeds, and easements for covering several hundred thousand acres of surface and mineral properties in KY.
Counsel utilities with respect to power purchase and interconnection agreements.