In representing energy end users, Drinker Biddle lawyers bring to bear decades of experience providing counsel to large industrial and retail consumers, as well as to real estate developers seeking to provide pass-through energy to tenants.
We work closely with clients to arrive at sensible, cost-effective strategies for the acquisition and consumption of energy, including negotiation of retail and wholesale power purchase agreements. We have assisted with pioneering efforts to employ smart management or “smart grid” technologies as well as demand response plans that allow clients to monitor energy consumption and respond to price signals in real time. We assist clients in the development of distributed generation facilities, including cogeneration and renewable energy facilities as well as energy efficiency projects, many of which are eligible for government benefits such as Renewable Energy Certificates, state payments and other incentive programs. We assist clients with strategies for realizing the benefits for these projects in the energy and environmental markets.
Our team guides clients toward sustainability certifications, including Leadership in Energy and Environmental Design (LEED), ENERGY STAR, The Climate Registry (CR) and the Global Reporting Initiative (GPI). LEED certification, a program overseen by the U.S. Green Building Council, represents the seal of approval that a construction or renovation project has met certain requirements for recycling, sustainable land use, water and energy efficiency, and indoor environmental quality. Similarly, the ENERGY STAR program requires buildings to meet certain energy efficiency standards. The CR and GPI are leading climate and sustainability inventory / benchmarking programs. Drinker Biddle lawyers can advise clients interested in seeking these certifications and address LEED-related issues in construction contracts.
Clients are also implementing other new green strategies, including green roofs, innovative water and wastewater treatment solutions, and creation of energy¬-efficient transportation programs. Drinker Biddle lawyers work with clients to assess potential costs and benefits and develop solutions that meet operational and financial constraints.