Renewable Energy

Sonnenschein attorneys have been active in the forefront of renewable energy policy for more than a decade, playing key roles in development of federal and state renewable energy rules.  We also have helped clients respond to significant regulatory and enforcement challenges arising out of the unique characteristics of renewable power production processes.

We have broad experience representing lenders, developers and operators of wind, hydropower, biomass, geothermal and other conventional energy projects.  We also regularly support developers of ethanol and biodiesel refineries.  Our renewable energy practice, integrated among our Corporate, Business Regulation, Public Law & Policy Strategies, and Construction practice groups, spans the country and includes expertise in every stage of project development and operation.  Our team is highly entrepreneurial, and includes a partner who built a successful wind and hydropower development business.

Project Finance and Deal Structure

Sonnenschein attorneys have supported clients in many project finance arrangements.  Our experience includes creating and implementing a variety of financing and investor relationships for renewable energy and renewable fuel plants.  These may include bonds, leases, sale-leaseback arrangements and other ownership and investment structures.  We also are experienced in monetizing the environmental attributes of renewable energy, which may have substantial value and provide critical additional revenue.  Our experience includes  advising market-leading investment fund managers, hedge funds, investment advisors, and other financial professionals on renewable energy and fuels policy.

Project Regulation and Siting Experience

Sonnenschein has a leading environmental and energy business regulatory practice.  We understand how the interplay of environmental, land use, policy, tax and other regulatory factors influence siting and operational success.  Our experience includes:

• Representing a leading European PV developer with projects in the West and Mid-Atlantic.
• Serving as U.S. counsel to the leading developer of ocean wave energy technology, including project siting, IP, corporate, and legislative matters.
• Representing the nation's leading wind energy developer in a precedent-setting offshore wind project in New York, including creation of a comprehensive federal regulatory strategy.
• Counseling a major biomass energy developer in Minnesota on transactional, regulatory, and legislative measures to secure the economic benefit of renewable energy credits.
• Lobbying Congress on behalf of an Ohio-based manufacturer of wind turbine components.
• Developing the legislative strategy for enactment of California's Clean Cars Act.
• Obtaining regulatory approval of a Missouri utility company's comprehensive energy plan that includes 200 megawatts of wind generation.
• Advising the developer of a Texas silvicultural carbon sequestration project on steps to maximize potential credits through integrated methane reduction strategy.
• Counseling Mid-Atlantic and other hydropower licensees on all aspects of FERC relicensing process, including traditional, alternative and integrated licensing procedures, shoreline management, and security.
• Representing a Northeastern hydropower project stakeholder in multi-year negotiations leading to comprehensive settlement with a licensee.
• Supporting a Texas investor in due diligence of proposed integrated wind and natural gas development in New Mexico.
• Representing a California geothermal power producer in connection with criminal and civil investigations over alleged improper disposal of production wastes.
• Representing a biomass (rice hulls and straw) power producer in connection with the regulation of the facility's high silica content production waste stream.
• Representing a wood waste power production facility in a dispute over compliance with air emissions requirements.
• Helping form North America's leading emissions credit trading association.
• Securing the first 1605(b) recognition for emission reductions created by grid-wide displacement of high-emitting generation sources.
• Advising numerous industrial and commercial clients on LEED certification, including extensive support to one of the world's leading botanical research facilities.
• Counseling developers of ethanol and biodiesel refineries on financing, siting, construction and permitting issues, representing total investments well in excess of $1 billion.
• Advising clients on agreements for federal and state incentives for development of sites into alternative energy projects.
• Counseling clients on early stage investment into commercially viable cellulosic ethanol technology ventures.
• Counseling clients on later stage investment into genetically modified plant production facilities.

Construction and Development

Sonnenschein's construction practice is a first-rate resource for the renewable energy industry.  Choosing and securing an appropriate site is among the most significant aspects of renewable energy and fuel projects.  The immediate economic development incentives and entitlements must be combined with longer term location issues, which often turn on environmental considerations.  Sonnenschein lawyers have extensive experience in the following areas:

• Screening of sites for environmental considerations that might impede or expedite permitting reviews
• Property and sales tax relief, and federal tax credits
• Specific plant-related incentives such as improvements and local government support
• State workforce development and economic development grants
• Planning and zoning approvals
• Shipping and off-take agreements
• Grower agreements
• Potential opportunities for monetizing the environmental attributes of a project
• Co-location of biofuel facilities and the interconnection of project improvements
• Development of codes administration agreements between the ownership entity and the local government
• Professional Services Agreements, including letters of intent and/or memoranda of understanding
• Licensing agreements by technological providers of equipment and/or processing design
• Work orders for pre-construction engineering activities
• EPC contracting
• Biofuel technology licensing agreements
• Joint ownership, maintenance and operational agreements
• Other professional, construction and design agreements relating to site suitability and development

Protection of Renewable Energy Technologies

Sonnenschein Lawyers have guided many cleantech and renewable energy clients in building assets, capturing value, avoiding risks, and executing transactions relating to intellectual property and technology.  Crafting a strong intellectual-property strategy requires a deep understanding of both the technologies that provide an advantage for the renewable energy company and also of the domestic and foreign legal framework for obtaining and enforcing rights in patents, trademarks, copyrights, and trade secrets.  Of equal or greater importance is the ability to identify and avoid risks arising from the patent rights of others.  Investors and partners in renewable energy companies want to know not only how the company's core technologies will be protected; they also want to know what measures the company is taking to assure freedom to operate in key markets.  Sonnenschein lawyers have extensive experience in the following areas:

• Patent and trademark protection in the U.S. and every major foreign market
• Development of comprehensive intellectual property strategies to create and demonstrate significant value for early stage companies in renewable energy and cleantech
• Freedom-to-operate searching and analysis
• Advice regarding product and process design to avoid third-party patent rights
• Negotiation of agreements providing access to enabling technologies
• Out-licensing of technology rights to add value
• Enforcement of intellectual property rights

For additional information about Sonnenschein's renewable energy capabilities, please contact: