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Biomass, Biogas and Co-Generation Development

  • Overview
  • Attorneys & Professionals
  • Representative Experience

We have extensive experience with renewable energy project development, including biogas and other biomass-fueled generation facilities and waste-to-energy projects and co-generation facilities.

The Energy Strategies Practice Group’s cross-practice approach allows us to bring renewable and co-generation energy projects from initial structuring and financing to construction and operation.

Godfrey & Kahn has provided all legal services related to the development of multiple Wisconsin biomass, biogas, waste-to-energy and co-generation facility projects. The Energy Strategies Practice Group has advised renewable energy project hosts and developers on a wide variety of ownership and financing structures. We have also assisted developers of biomass, biogas, waste-to-energy and co-generation facilities with siting issues and regulatory requirements and permitting. Our work with renewable energy project developers has included the negotiation of power purchase contracts in the sale of clean energy from newly developed facilities.

Godfrey & Kahn’s Energy Strategies Group provides comprehensive legal services in all aspects of air permitting and compliance for energy projects. We have deep experience involving the Clean Air Act and related air permit requirements. Air permitting and compliance with the Clean Air Act and related regulations is a significant and complex issue that touches the biomass, biogas and co-generation energy development plans of many of our clients. We have represented clients in permitting new and expanded renewable energy plants, including sludge, agriculture digesters, biogas and biomass burning facilities. The Energy Strategies Practice Group has also helped clients to identify potential regulatory compliance needs of newly acquired facilities and to obtain air permits necessary for new development. Our cross-discipline Practice Group has also defended clients that are the targets of regulatory enforcement actions by the U.S. Environmental Protection Agency (EPA) and state agencies.

Carla Andres

Andres, Carla O.

Special Counsel
John Clancy

Clancy, John L.

David Gilles

Gilles, David J.

Special Counsel
Lynn Ludke

Ludke, Lynn A.

Special Counsel
Sarah Schenck

Schenck, Sarah R.


Representative Experience

Bio Mass Processing Facility
Godfrey & Kahn provides legal services to developers of a biomass processing facility that processes dry (paper/plastics) and wet (wastewater treatment sludge) waste streams that were previously deposited in landfills. The processed product serves as a fuel source that can be blended with coal at existing boiler facilities.

Charter Street Biomass Feasibility Study
Godfrey & Kahn worked with Titus Engineering to prepare a feasibility study for Wisconsin’s Department of Administration (DOA) to convert the coal-fired Charter Street plant at the University of Wisconsin-Madison to a combined natural gas and biomass burning facility. Godfrey & Kahn’s role included providing the DOA with innovative solutions to address the complex air permitting issues associated with refueling the power plant.

Cooperative Network
Godfrey & Kahn represented a cooperative trade association intervention in Xcel Energies’ application for a Certificate of Authority to install a $58 million biomass co-generation facility at Bay Front power plant, in Ashland, Wisconsin. Association members potentially involved in biomass procurement supported the project.

Gunderson Lutheran Health
Godfrey & Kahn provided all permitting and development related legal work for the centralizer digester sponsored by Gunderson Lutheran Health in Dane County, Wisconsin.

GreenWhey Energy Inc. Project
Godfrey & Kahn represented Geo-Investors Fund on an energy project that includes the construction and operation of an innovative anaerobic digester facility in Turtle Lake, Wisconsin. It is one of the largest facilities of its kind in the United States. The digester processes wastewater from local food companies, creating electricity, as well as process feed and fertilizer that may be used in local farming operations.

Greenwood Fuels, et al. v. Baycor Fiber Products, et al.
Godfrey & Kahn was outside litigation counsel to an alternative fuels manufacturer in Green Bay, Wisconsin, alleging breach of contract and other claims against a manufacturer of equipment supplied for processing and fabrication of wood fuel pellets. The case resulted in a settlement favorable to our client.

Maximize Renewable Energy Value
Godfrey & Kahn represented a large paper manufacturer in the negotiation of an innovative buy-sell contract to maximize the value of its renewable biomass energy production.

Oneida Seven Generations Corporation
Godfrey & Kahn provided legal advice to Oneida Seven Generations Corporation (OSGC), for permitting matters required for a proposed innovative $20 million waste to energy project. The project proposed to convert solid waste to energy (electricity and oil) through the use of pyrolysis. After all the permits were obtained, Green Bay revoked the previously issued conditional use permit (CUP) as a result of public opposition. Godfrey & Kahn represented OSGC at all of the stages of appeal for the project and was successful at the Wisconsin Court of Appeals and Supreme Court in obtaining a reversal of the City’s decision to revoke the CUP.

Waste to Energy
Godfrey & Kahn was retained by developers of a proposed $150 million waste-to-energy facility. The proposed facility would use plasma technology to generate renewable energy from municipal solid waste that is currently landfilled.

Biodiesel Facility
Godfrey & Kahn has significant experience with the design, construction and project finance related to a second-generation biodiesel facility. Our experience includes the negotiation of the design and construction contracts; license agreements in connection with proprietary technology; interaction with state and federal authorities on permitting matters; negotiation of supply and offtake agreements; financial planning with hedging instruments to maintain an appropriate margin of profitability; transportation and logistical supply issues; and all aspects of project finance, including municipal bonds.

Bio-Fuel Generation Facility
Godfrey & Kahn represents a group of investors in a proposed 100 MW bio-fuel generation facility.

Co-Generation Energy Development

Co-Generation Project
Godfrey & Kahn acted as local counsel representing the equity investors in a co-generation project. We had primary legal responsibility for ensuring that all state agency permits and authorizations were acquired for this facility.

Co-Generation Facility Purchase
Godfrey & Kahn represented a paper company in its purchase of a co-generation facility located in California. As part of this engagement, Godfrey & Kahn renegotiated all of the power purchase contracts relating to this facility.

LS Power Co-Generation
Godfrey & Kahn acted as local counsel representing the equity investors in the LS Power co-generation project located in Whitewater, Wisconsin. We had primary legal responsibility for ensuring that all state agency permit and authorizations required for this facility were in place. This was the first independent power project authorized in Wisconsin.

Methane Co-Generation Facility
Godfrey & Kahn is energy counsel for all legal work relating to a new onsite, renewable energy co-generation facility fueled by methane generated from food processing activities.

Minergy-Neenah, LLC Co-Generation facility
Godfrey & Kahn provided all of the legal services to Minergy-Neenah, LLC, the owner operator of a biomass, co-generation facility located in Neenah, Wisconsin. Its fuel source included dewatered paper mill sludge from four area paper mills and the host was a paper mill located adjacent to the facility. Our legal services included the negotiation of all Minergy’s power purchase contracts with Alliant Energy to sell the green energy generated from Minergy’s facility.

Plainwell Paper Company Co-Gen Facility Purchase
Godfrey & Kahn represented Plainwell Paper Company in its purchase of a co-generation facility from Simpson Paper Company in California. As part of this engagement, Godfrey & Kahn renegotiated all of the power purchase contracts relating to this facility.

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