WIND ENERGY DEVELOPMENT

Spencer Fane has assisted its clients in taking advantage of the abundant wind energy resources in the Heartland. As a business law firm, we can assist wind energy projects from beginning to end, in every capacity. To that end, Spencer Fane has assembled a multidisciplinary team of lawyers who have practiced for years in the Midwest and nationally on all issues related to wind energy project development. Recently, we assisted a wind energy development firm in land acquisition, zoning and other permitting issues associated with the development of a wind farm project in Western Kansas.

We’re available to represent project owners, utilities, wind energy developers, and those who are interested in purchasing wind energy resources. We can provide support to clients with project financing, land identification, land acquisition, project siting and zoning, public discussions and testimony, utility and energy regulatory matters, environmental issue identification, environmental statute applicability determinations, permitting, state and federal agency deliberations, construction, and supply and power purchase contract negotiation. To enable an efficient development, Spencer Fane is dedicated to quickly identifying those issues that may delay a development and focus its team to address these issues before they slow the project.

In addition to real estate and corporate expertise, Spencer Fane has extensive experience in assisting clients secure the permits and to maneuver through the regulatory issues typically associated with wind energy developments. In particular, we can assist with commonly applied federal environmental statutes including the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, the Endangered Species Act (including assistance with U.S. Fish and Wildlife Service Incidental Take Permits), the Clean Water Act (including assistance with Section 401 Water Quality Certification and Section 404 permits), and the National Environmental Policy Act (including assistance with Categorical Exclusion, Environmental Assessment, and Environmental Impact Statements). Spencer Fane can also assist its clients with issues relating to cultural and land resources, including guidance and counseling concerning the National Historic Preservation Act (NHPA) and the Archaeological Resources Protection Act (ARPA). Spencer Fane is very familiar with all the federal and state agencies that frequently become involved with wind energy project developments.

RELATED PRACTICE AREAS

	Climate Change and Sustainability Initiative
	Environmental
	Environmental Cleanups
	Environmental Compliance and Enforcement Defense
	Environmental Litigation
	Environmental Permitting

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