Represent solar developers on matters related to Power Purchase Agreements, interconnection and regulatory issues for projects in multiple states, including North Carolina, South Carolina, Virginia, Montana and Michigan.
Represented international renewable energy developers numerous purchase, sale and financing transactions for portfolios of solar projects in North Carolina.
Represent utility-scale solar industry association in multiple regulatory dockets in South Carolina and North Carolina. Represented solar industry in obtaining first-ever decisions from the South Carolina Public Service Commission rejecting utilities’ proposed avoided cost calculations and proposed Integrated Resources Plans.
Represent utility-scale solar industry association in multiple regulatory matters and disputes in North Carolina.
Represented landfill gas-to-RNG project developer in becoming one of the first to obtain regulatory approval for a project to put renewable natural gas on the Piedmont Natural Gas distribution system in North Carolina.
Successfully represented a solar developer in a precedent-setting ruling supporting the rights of independent developers to obtain power purchase agreements in Montana. FLS Energy, 157 FERC ¶ 61,211 (Dec. 15, 2016).
Represented solar project developers in obtaining some of the first regulatory approvals for merchant solar facilities in North Carolina.
Provided regulatory counsel to compliance aggregator for municipal utilities under North Carolina Renewable Energy and Efficiency Portfolio Standard (REPS) program.
Served as regulatory and real estate counsel for a Canadian provider of photovoltaic products and energy solutions in the acquisition, $100 million tax equity and debt financing, and construction of a 75 MW solar facility in North Carolina. Successfully represented project in resolving land use and regulatory challenges related to project approvals.
Represented international solar development company in acquisition and financing of 75 MW solar photovoltaic generation project in North Carolina.
Represented developer of new 500 MW natural gas-fired power plant in environmental permitting and compliance issues related to project development, including obtaining a Clean Air Act New Source Review permit for the facility and Clean Water Act authorizations for site construction.
On behalf of a solar power industry association, provided testimony on legal issues related to The Public Utility Regulatory Policies Act (PURPA) and solar development in an allowable ex parte hearing before the South Carolina Public Service Commission.
Obtained favorable settlement in a contract dispute between the client — a paper manufacturer and producer of biomass Renewable Energy Certificates (RECs) — and an agent retained by the client to market RECs. The agent had pretextually terminated its marketing agreement with the client in an apparent effort to coopt a valuable business opportunity. The client initiated an arbitration petition and also obtained a temporary restraining order in state court to prevent the agent from appropriating the opportunity. The agent immediately agreed to a settlement that allowed the client to take advantage of the opportunity with no financial loss.
Represented an oil company that owned two U.S. refineries located in Superior, Wisconsin and Meraux, St. Bernard Parish, Louisiana. Under the U.S. Environmental Protection Agency’s Petroleum Refinery Enforcement Initiative, the company negotiated with EPA and the states of Wisconsin and Louisiana to reach a settlement of Clean Air Act allegations. Pursuant to the settlement, which was entered by the court in February 2011, the refineries implemented a number of emission reduction approaches through 2019, and completed supplemental environmental projects in St. Bernard Parish, Louisiana. Subsequent to finalizing the settlement with the governments, the company sold the two refineries to two parties, and we represented the client in negotiating revisions to the consent decree to reflect new ownership of the facilities. The amendments were entered by the court on April 27, 2012. United States of America, et al. v. Murphy Oil USA, Inc., No. 3:10-cv-00563 (W.D. Wis. 2011).
Successfully represented solar developer in litigation with electric utility concerning the utility’s obligation under PURPA to purchase energy from the developer’s proposed facilities.
Provided local counsel representation for international renewable energy developer in purchase of portfolio of eight solar projects in North Carolina, including consulting regarding tax, tax-equity, construction financing, environmental laws and regulations, permits and construction approvals, Endangered Species Act and enforceability issues.
