From changing regulations to new technologies, the energy sector is in a constant state of flux. Informed counsel can help you navigate this complex environment effectively.
Whether you operate a regulated public utility, are a large energy user, aim to develop or host an energy project, or have another energy matter at hand, hiring legal counsel who knows the ins and outs of energy law is crucial.
Our interdisciplinary team of energy industry attorneys assists clients as they transition to and capitalize on the new energy economy. Our attorneys have developed significant knowledge where their practices intersect with clean energy development and transactions, including expertise in energy regulation and approvals, environmental and other permitting, real estate, construction contracting, tax credit and other project finance, power purchase agreements, facility leasing, competitive grant writing, and mergers and acquisitions.
Our areas of expertise include:
- Advice regarding Infrastructure Investment and Jobs Act: We advise our clients on the important clean energy and other elements of the bipartisan Infrastructure Investment and Jobs Act to help them take advantage of its important project funding, including for electric vehicle (EV) charging infrastructure.
- Air and other environmental permitting: With a deep understanding of the Clean Air Act and related air permit requirements, our energy industry attorneys represent clients in permitting new and expanded renewable energy plants, including sludge, agriculture digesters, biogas and biomass burning facilities. We possess deep expertise regarding wetland, water way and other permits often needed for energy projects. Our experience also includes defending clients that are the targets of regulatory enforcement actions by the EPA and state agencies.
- Biomass, biogas and co-generation energy development: Our expertise in renewable energy projects ranges from advising on ownership and financing structures to siting issues, regulatory requirements, real estate and construction matters, local governmental approvals, and air and other permitting. We are also seasoned negotiators of power purchase contracts in the sale of clean energy from newly developed facilities.
- Clean technology manufacturing: We work with clean technology manufacturers and advise on nearly all business areas, including structuring business activities, competitive positioning, applying for government incentives, securing debt and equity financing, protecting intellectual property, and facility siting. We have significant experience helping clients negotiate purchase and supply agreements that reflect sophisticated design requirements and clean energy certification and qualification standards.
- Electric vehicle strategies: We regularly work with and advise clients on electric vehicle strategies and projects, including on projects involving EV charging infrastructure.
- Energy efficiency, storage and demand response: Broad knowledge of the variety of grants, credits and other incentives for energy efficiency improvements and renewable energy projects enables our energy industry attorneys to provide strategic input on energy cost-saving and sustainability opportunities, often significantly reducing project implementation costs.
- Energy project acquisitions and sales: We offer a full suite of business transaction services, including due diligence, bid preparation and review, risk assessment, and deal negotiation. We represent clients in large, complex acquisitions and divestitures of power generation facilities, including solar, wind, hydroelectric, natural gas and co-generation facilities, nuclear power plants, and ethanol plants.
- Grants, tax credits and incentives: Our attorneys have helped clients in obtaining millions of dollars in competitive grants and have helped them monetize millions more in energy tax credits and other tax incentives. We also provide advice regarding how to structure projects to maximize the combined value of grant, tax and other available incentives.
- Microgrid development: We represent developer, investor and host clients on microgrid projects, including addressing siting, grant and tax credit financing, and various tax, interconnection and other issues.
- PSCW CPCN and local approvals for energy projects: We have significant experience in obtaining Certificate of Public Convenience and Necessity (CPCN) approvals from the Public Service Commission of Wisconsin (PSCW) for energy projects, including especially utility-scale solar projects, as well as local approvals for energy projects. We have also successfully represented clients concerned about the potential impacts of energy projects, so we understand all sides of siting issues.
- Power purchase agreements and related agreements: We have deep experience in negotiating power purchase agreements, energy equipment leases, site leases and related agreements to allow for the cost-effective and tax-incentivized development of clean energy projects. Our work involves the representation of energy facility developers, investors, hosts as well as for-profit, non-profit and governmental users, so we understand and can provide advice regarding these important agreements from various perspectives.
- Solar, wind and hydroelectric development: Our expertise with renewable energy projects ranges from development, operation and sale of renewable facilities, including specific issues and concerns related to solar, wind and hydroelectric facilities.
- State, municipal and school district energy development: With strong working relationships and experience in the state and local government space, along with our deep renewable energy experience, we provide valuable counsel to state, municipal and school district clients in addressing clean energy and sustainability issues. We have advised the State of Wisconsin and Wisconsin agencies on critical clean energy policy matters and assisted state, local and school district entities in the development of renewable energy and large energy efficiency projects.
- Tribal energy development: We have a national practice and reputation representing tribes with respect to the development of renewable and other energy projects. We have helped tribes to receive millions of dollars in competitive federal grants and to combine that funding with tax credit financing to fund numerous community- and commercial-scale clean energy projects and sustainable housing developments with no upfront tribal capital spending. We also advise tribes and energy developers regarding the development of larger-scale on-reservation energy projects for sale to the grid.
- Tribal energy and other rights of way: We work with our tribal clients to help them exercise their jurisdictional authority and regulate, tax and charge appropriate right-of way fees for transmission and distribution lines and other rights of way on their reservations. This work has resulted in significant, on-going income streams and enhanced regulatory authority for our tribal clients.
- Utility regulatory and litigation counsel: Our litigators counsel and represent utilities, investors and customers in proceedings, litigation and other administrative matters involving the Public Service Commission of Wisconsin and other state and federal regulatory agencies. We have longstanding relationships with PSCW leadership and staff, and our team includes former PSCW general counsel.
With a diverse energy client base a team of dedicated energy industry attorneys, we offer a unique perspective and skillset that supports creative problem solving and efficient and effective regulatory advocacy. We are prepared to provide both full-service and local counsel advice for the successful development of your energy projects.
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