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Godfrey & Kahn, We Think Business

Energy

Energy

Our energy attorneys help developers, public utilities, tribes, data centers and large energy users navigate changing regulations and new technologies, from siting and approvals to financing and transactions.

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Power lines over field

Powering the Future

We offer full-service and local counsel advice for the successful development of your energy projects and strategies. Our nationally ranked energy practice brings deep experience in development, permitting, regulation and financing for complex energy projects across Wisconsin and beyond.

Whether you develop distributed or utility-scale generation or storage, operate a public utility, are a large energy user, or are evaluating a new energy project, you need counsel fluent in the energy landscape.

In a complex and constantly evolving environment, we guide you through approvals, agreements and the practical steps that bring projects to life.

Our cross-practice team assists clients as they transition to, address issues with and capitalize on the energy economy. Our attorneys have significant knowledge in energy and data center project development as well as energy project regulation and approvals. Our experience also spans project sales and acquisitions, 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.

We advise developers, utilities, investors and municipalities on renewable energy, battery storage and large-load infrastructure projects that shape the region’s evolving energy future.

Have a question about your energy project? Let's talk

 

Experience that Powers Progress

 

Energy Project Development and Permitting

Our expertise includes the development, permitting, operation and sale of utility-scale and distributed energy, energy storage and microgrid facilities. We provide strategic input on energy cost-saving and sustainability opportunities, often significantly reducing project implementation costs. We represent clients in all aspects of energy project development from advising on ownership and financing structures to obtaining necessary regulatory approvals and permits, providing counsel on sales and acquisitions, and defending clients that are targets of federal and state agency regulatory enforcement. 

PSCW Approval and Utility Regulation

We are experienced in obtaining Certificate of Public Convenience and Necessity (CPCN) and Certificate of Authority (CA) approvals from the Public Service Commission of Wisconsin (PSCW) for energy and water infrastructure projects as well as local approvals.

We represent utilities, developers, investors and customers in proceedings, litigation and other administrative matters involving state and federal regulatory agencies.

Development & Implementation of Utility-Scale Solar

We assist several national energy development companies to plan, develop, permit and implement utility-scale (100 MW or more in size), community-scale (5-100 MW), and commercial-scale (5 MW or less) solar facilities in Wisconsin. 

For projects 100 MW and larger, we regularly represent clients in Wisconsin’s CPCN (Certificate of Public Convenience and Necessity) contested case process, then support ongoing compliance. We also provide counsel for local permitting and approvals, including conditional use permits, for projects below 100 MW in size.

Solar panels project

Data Center

Data Center Development

Wisconsin is rapidly emerging as a hub for large- and hyperscale data center development. Our team helps data center developers build efficiently, operate sustainably, and maintain compliance in a dynamic regulatory environment. We advise on every aspect of energy procurement for large-load users, including clean energy power purchase agreements (PPAs), utility tariff negotiations and compliance, interconnection issues, and energy-resilient design strategies.

Our experience with permitting and interconnection gives data center clients an edge in speed-to-power and regulatory compliance. We also provide advice on everything for project development from site selection through operation, including conditional use and environmental permitting, addressing real property issues, and negotiating construction and supply agreements. Because of our significant experience both inside and outside of government, we work closely with state and local agencies to secure incentives, manage environmental and infrastructure considerations, and streamline project approvals. 
 

Project Acquisition

Energy Project Acquisition and Sale

We offer a full suite of business transaction services, including due diligence, bid preparation and review, risk assessment, permitting legal opinions and deal negotiation. We also advise on joint ventures, tax-equity financing and other complex deal structures that drive successful project closings. We represent clients in large, complex acquisitions and divestitures of power generation facilities, including solar, wind, battery energy storage systems (BESS), hydroelectric, natural gas, and co-generation facilities, nuclear power plants, and ethanol plants. In addition to providing general advice on these issues, we often serve as special Wisconsin local counsel.
 

Power Purchase Agreements

Power Purchase Agreements & Related Agreements

We negotiate PPAs and related agreements for both developers and large energy users, including those with significant capacity needs. We draw on extensive experience structuring PPAs, energy equipment leases, site leases and related agreements that enable cost-effective and tax-incentivized clean energy development. We have also assisted large energy users, including data centers, in negotiating for large-scale energy and capacity purchases to meet their very significant energy needs.

We represent landowners in the negotiation of leases for large, utility-scale energy projects.

Financial Incentives

We help clients leverage tax incentive and other funding opportunities to develop and implement projects to produce energy for use and for sale and to meet sustainability goals.

We help our clients secure competitive grants and other non-tax incentives, as well as tax benefits for a wide variety of energy generation and storage projects. We also provide advice regarding structuring projects to maximize the combined value of grant, tax and other financial incentives.

Clean Technology Manufacturing

We advise clients on structuring business activities, competitive positioning, applying for government incentives, securing debt and equity financing, protecting intellectual property, and facility siting.

We have considerable experience negotiating purchase and supply agreements that reflect sophisticated design requirements and clean energy certification and qualification standards.

State, Municipal and School District Energy Development

We have advised the State of Wisconsin and Wisconsin agencies on critical clean energy policy matters and assist state and local governments and school districts in the development of clean energy and large energy efficiency projects. We also represent municipal utilities and joint action agencies on power-supply arrangements, infrastructure upgrades and renewable integration projects.


 

Tribal Energy Development & Regulatory Authority

We help tribes pair federal grants with tax credit financing and exercise sovereign authority over on-reservation energy. Our team advises on securing competitive federal, state and other energy grants, developing clean energy and sustainable housing projects that often require no upfront tribal capital, and creating tribal utility authorities and commissions to strengthen self-governance. We also assist tribes in regulating, taxing, and charging right-of-way fees for utility infrastructure on tribal land, addressing trespass issues, and securing significant recurring revenue.

Explore our Tribal Governments Practice >

Why Clients Hire Us

Clients choose our team for our practical approach, deep regulatory insight and our understanding of what it takes to move energy projects forward in Wisconsin and beyond.

We blend legal and business acumen with direct experience before the Public Service Commission of Wisconsin, the Wisconsin Department of Natural Resources (and other regulatory bodies) and a proven record helping developers, utilities, tribes, and large energy users finance, permit and complete successful projects.

Our collaborative model means clients get responsive counsel that’s efficient, informed and grounded in real-world results.

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Looking for More?

Our attorneys write on a variety of topics and provide engaging educational opportunities through free webinars and seminars enabling you to stay up-to-date with the most current developments, trends, and legal issues affecting your business.

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We’re Honored to be Honored

We are honored by awards that reflect our vision for our work. Work-product awards like Best Law Firms and top tier rankings by Chambers USA and Benchmark Litigation help us attract and keep quality talent who are often recognized as Best Lawyers. Our people help us attract clients and build a team-oriented culture that's led to Top Workplace awards year after year.

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