Solar Energy

  • Holland & Knight's Solar Energy Team has the range of experience and depth of knowledge required to deliver high quality legal services for clients focused on investing, developing, operating, expanding or otherwise protecting their interests in the solar renewable energy segment of the industry.
  • When it comes to solar photovoltaic (PV) project finance, development, permitting, tax and regulatory matters, our team has experience from coast to coast and beyond, with projects operating or in development in many U.S. states and Latin America.
  • Our attorneys comprehensively fulfill the needs of our solar clients with creative solutions while simultaneously helping to shape the direction of legal precedent governing many aspects of renewable energy.
Solar Energy

Overview

Solar PV is one of the fastest-growing renewable energy technologies in the market today, and our lawyers have been part of emerging and developed markets alike, advising project developers, panel manufacturers, energy storage providers, tax equity investors, financial institutions, public power authorities, interconnecting utilities and host offtakers. Some of our clients are engaged in syndication or warehouse transactions in which multiple solar PV projects are financed with the help of capital markets, while our green bank clients engage us to support efficient delivery of capital.

We represent clients that are involved in all steps of the solar energy value chain – from the production, sale and distribution of silane, solar grade silicon and wafers, solar cells and modules to the development of large-scale commercial generation solar power plants. We are equally conversant in distributed generation projects on residential rooftops, commercial facilities and utility-scale solar farms interconnected directly to the wholesale power grid. Our work on behalf of solar energy clients covers every aspect of solar project development and operations, both in the U.S. and internationally, including general transactional work, corporate finance, project finance, U.S. government procurement, domestic and international tax advice and structuring, joint ventures, mergers and acquisitions, and due diligence. Our solar energy attorneys also provide counseling on capital market and public company matters, insurance, employment law matters, environmental, export and trade issues, antitrust, intellectual property, real estate, product liability, corporate compliance, investigation, litigation, sales and distribution, research and development, and power and supply issues. We also advise clients on energy regulatory issues, including matters involving the Federal Energy Regulatory Commission (FERC), dealing with Independent System Operators (ISOs), state tariffs and interconnections with utilities.

Representative Matters

The lawyers on Holland & Knight's Solar Energy Team have advised clients in some of the largest PV and thermal solar projects in the Northeast, West and throughout the U.S. on matters ranging from power purchase agreement (PPA) negotiations and development bank project finance to permitting, construction agreements and complex interconnections that require skilled, innovative counsel and numerous regulatory approvals.

Project Development and Acquisition

  • Representing a client in the development of what was the largest solar PV array in North America with regard to the syndication of related energy tax credits and sale of renewable energy certificates
  • Representing a large utility and solar developer in permitting issues for acquisition of a solar project in Northern California
  • Representing a large California solar developer for a 50-plus-megawatt (MW), utility-scale solar PV project on the Navajo reservation in Arizona
  • Representing an energy storage company in solar and storage development in Southern California
  • Representing a California nonprofit solar developer in the development of 5-10 MW solar PV projects for residential low-income communities
  • Advising a leading solar module manufacturer in the sale of nearly 100 MW of solar panels for U.S. military installations
  • Advising a Midwest-based solar generation contractor and developer on commercial arrangements with host building owners for large-scale installations of solar PV arrays for net metering projects
  • Representing a major equipment supplier on a proposed 290-MW, heliostatic-concentrated solar thermal project
  • Representing a California investor-owned utility in due diligence and federal advocacy for a utility-scale solar thermal plant in the Mojave Desert, including work regarding military base conflicts, leasing and policy issues with the Bureau of Land Management, endangered species and National Environmental Policy Act issues
  • Representing utility-scale solar developers for due diligence and environmental permitting of solar PV farm projects, including siting due diligence on local code requirements, California Environmental Quality Act, Clean Water Act, species protection laws, water supply and entitlements in California's Central Valley
  • Representing a project developer and sponsor of a 17-MW solar farm in Latin America in a development bank debt project finance transaction and subsequent sale to investors
  • Representing an independent power producer of a 17-MW distributed generation solar PV project serving a large-scale theme park in Mid-Atlantic region
  • Advising a residential real estate developer in Washington, D.C., on rooftop solar project transactions
  • Advising an international shipping company on the development of a distributed generation solar PV project in New Jersey, including the negotiation of a PPA and suite of other project contracts (engineering, procurement and construction (EPC) agreement, operations and maintenance (O&M) agreement, lease, etc.) and regulatory filings
  • Advising an independent power producer of multiple large-scale solar projects in New Jersey on regulatory matters, including the applicability of New Jersey's net metering rules to complex commercial property transactions

Power Purchase Agreements

  • Representing a project developer in PPA and construction project agreement reviews in support of 100 MW of solar installations on military housing units at various military bases in the Mid-Atlantic region
  • Representing a power authority in the negotiation of PPA and related agreements for the development of two solar PV projects (18 MW and 32 MW) and development of associated interconnection facilities
  • Representing a California energy storage company in the negotiation of an offtake agreement with investor-owned utility for solar plus storage project
  • Representing a Massachusetts industrial customer in evaluating bids and contracting for 20 MW of solar PV generation projects under net metering credit arrangement
  • Representing the U.S. affiliate of a Chinese solar panel manufacturer in a residential solar system leasing program
  • Assisting a real estate investment trust (REIT) as a distributed generation offtaker in multiple PPA transactions at commercial developments
  • Assisting a power authority in the development of feed-in tariff program documents to support multiple procurements of solar PV projects

Financing and Regulatory

  • Representing a developer in the financing of solar PV facilities installed on the roofs of a national department store chain, including the syndication of related solar energy credits
  • Representing a developer in multiple tax credit syndication funds, including a fund containing 20 solar PV projects of various sizes located throughout the U.S.
  • Representing the nation's first green bank in the financing of various solar projects
  • Representing a California-based developer in two transactions, each with a different tax equity investor, for the financing and implementation of residential solar system leasing programs in California, Oregon and Arizona
  • Assisting a major U.S. bank in the development of documents for its commercial and industrial (C&I) solar leasing program
  • Assisting an asset manager in bidding net-metered solar projects as wholesale capacity in competitive wholesale markets operated by an ISO

Litigation/Dispute Resolution

  • Assisting an EPC contractor in solar PV project construction and dispute resolution on multiple project sites, facilitating a global settlement
  • Advising an offtaker client in a dispute with an EPC contractor concerning contract compliance and project performance issues

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