Renewable Energy and Clean Power

Renewable Energy and Clean Power

With more than 100 corporate, project finance, lending, environmental, litigation, regulatory and tax lawyers, our dedicated team has extensive experience navigating all aspects of the development, financing, acquisition and disposition of renewable energy and clean power projects.

Overview

Hunton Andrews Kurth LLP has established a strong reputation as a leading global renewable energy and clean power law firm. Our team brings together lawyers from across different practices to advise on the financing, structuring and tax strategies, and regulatory approval of renewable energy projects. We represent commercial banks and institutional lenders, project developers, development finance institutions, export credit agencies, regulated utilities and IPPs, off-takers and other project participants on the full range of their strategic business objectives with respect to the development and financing of renewable energy projects and portfolios.

Our lawyers represent clients through an effective, multidisciplinary approach that offers a broad range of experience in financing, tax, environmental and land use, FERC and energy regulation, project development and real estate, allowing us to provide seamless representation across the life of an energy project. We work closely with our clients at every step of a project—from initial conception, negotiation and preparation of project documents and structuring project financing agreements, through siting, permitting, closing and funding. Over just the past  12 months, for example, lawyers in our US renewable energy and clean power practice have advised on the financing for over 5 gigawatts of wind and solar energy, with financing over $5.5 billion.

With a proven track record, our lawyers regularly counsel clients in the financing of renewable energy projects using complex debt and equity financing, including sale-leaseback arrangements and back- leveraging, inverted leases, partnership-flips  and warehouse structures. Lawyers in our renewable energy and clean power practice help clients with negotiating project documents, including offtake agreements/contract for difference structures, Power Purchase Agreements (PPAs), energy hedge agreements, EPC contracts, operation, maintenance and servicing agreements, renewable energy certificate (REC) purchase agreements, and environmental and land use permitting and approvals. We also advise on structuring corporate transactions, including acquisitions, dispositions and joint ventures, and operating and shareholder agreements. 

Tax lawyers in our renewable energy and clean power practice provide advice on structuring transactions to efficiently utilize  federal and state incentive programs such as Production Tax Credits (PTC) and Investment Tax Credits (ITC) on qualifying renewable energy projects. Our lawyers advise clients at every stage of the project, from due diligence to audits of transactions. We can help structure transactions to maximize the value of the tax benefits. We advise on matters including the purchase of developed and undeveloped facilities, the sale of interests in operating sites, and structuring commercial arrangements using complex tax-equity structures. Our energy tax team also works closely with the firm’s government relations, energy and environmental regulatory teams to monitor and influence legislation and regulation affecting client investment and business interests.

Our energy M&A team regularly represents energy companies, utilities and investors in mergers, acquisitions and dispositions of energy-related companies and assets. These activities include the traditional corporate M&A work, as well as acquisition finance and managing the unique environmental and regulatory issues involved in buying and selling regulated assets. Our experience in this sector includes work for public companies, such as our role advising Progress Energy in connection with its $30 billion merger with Duke Energy, and, more commonly, private investors and strategic players in the independent power industry. We regularly represent buyers and sellers in connection with the auction and bid process, due diligence, and ultimate purchase and sale of independent power project portfolios and individual project assets.

Working in coordination with our environmental, land use and real estate lawyers, our team is able to navigate complex project development real estate transactions, including land lease, purchase and sale documents, permitting, licensing and siting, environmental matters and regulatory compliance. With one of the top-rated energy and environment regulation groups in the nation, we routinely advise clients on complex project development and construction, land use, condemnation, rezoning, special and conditional use permits, NEPA & CEQA, ESA, Clean Water Act, Clean Air Act regulations and permitting, and other federal and state environmental and land use issues critical to timely and successful energy project siting and development.

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