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Renewable Energy

The Renewable Energy attorneys at Spencer Fane stay on the leading edge of a developing industry, working closely with clients to help them develop, construct, and finance solar, wind, and biomass energy projects. We also regularly assist other law firms as local counsel in siting opinions and lease negotiations.

Our team pioneers innovative solutions that make renewable energy generation more accessible and feasible for our clients. Our broad experience in the energy sector includes working with utilities, regulators, and other stakeholders that handle energy-related matters.

Spencer Fane manages the full spectrum of issues related to wind and solar projects, and we have represented renewable energy companies, utilities, commercial and industrial clients, multifamily and other real estate developers, financial institutions, and nonprofit organizations in negotiating leases with land owners and utility companies, documenting agreements to install solar panels on commercial properties, capturing available tax credits and other incentives, and advising lenders and investors involved with renewable energy projects.

Spencer Fane attorneys have also been instrumental in driving innovations that allow churches and other nonprofit organizations to qualify for government financing and tax credits in solar services agreements.

In addition to our team’s experience with solar and wind projects, our attorneys also have extensive experience in the “biomass” renewable energy space, including the development of large-scale anaerobic digester projects designed to convert dairy and other livestock wastes and/or food scrap waste into biogas. Most recently, our attorneys are increasingly involved in anaerobic digester projects being developed around the country that are intended to capture, clean and compress, and then sell biogas (as renewable natural gas) into the state of California to be used for transportation fuels qualifying for Low-Carbon Fuel Standard (LCFS) credits.

Regardless of the organization, clients benefit from our attorneys’ deep knowledge across the spectrum of issues that may impact renewable energy projects.

Representative Experience

  • Represented a group of landowners in lease negotiations with large-scale wind energy developer for siting of a utility scale wind energy project.
  • Counseled non-profit organizations and religious institutions on the use of c-blocker structure to benefit from renewable energy tax credits.
  • Represented a landfill operator in negotiations with regional utility company for installation of methane gas capture system at a large solid waste disposal facility.
  • Helped develop, and negotiated documents in connection with, numerous anaerobic digester projects located on very large dairies in Idaho, California, New York, and Texas, initially converting the captured biogas into electricity (for sale to the utility) and, more recently, converting the captured biogas into renewable natural gas for shipment to California for use as transportation fuel.