Drinker Biddle’s Energy Team regularly represents project sponsors, private developers and purchasers of electricity, thermal output, and renewable energy credits in connection with the development and financing of power and cogeneration facilities. We assist with energy efficiency and energy management projects. Further, we counsel clients through all stages of carbon projects among other environmental market-based development. Our team understands the business, environmental and regulatory dimensions of these projects, as well as relevant federal and state incentive programs.
Drinker Biddle lawyers have worked on conventional power plants ranging from coal and waste coal to gas and nuclear as well as renewable energy projects, including wind, solar, geothermal, landfill gas, biomass and tidal. We understand the technical issues raised by different power sources and the business issues affecting all project participants. Our lawyers have negotiated engineering, procurement and construction agreements and operating agreements that manage and allocate risks among project participants so that client risks are reduced. We negotiate agreements for the purchase and transportation of fuel (including coal, biomass, landfill gas and natural gas) and other process inputs. The Drinker Biddle team advises clients on water and waste water agreements for a range of operations from resort communities and water processing facilities to power plants and gas rigs. Our lawyers also negotiate agreements in the energy and environmental markets, including agreements for the purchase and sale of power, renewable energy certificates, energy efficiency certificates and carbon credits and guaranteed energy savings agreements.
An increasing global focus on the impact of human behavior on the environment has resulted in a proliferation of new renewable energy technologies and ground-breaking changes in international, national, state and local environmental and energy policy. As one result, most renewable energy projects are currently eligible for federal tax credits (or grants in lieu of those credits) and for state incentives such as renewable energy credits, grants and production incentive payments. We assist clients with ownership, leasing and operating structures that allow a project to make efficient use of incentives.
In addition to core energy business issues and tax and other incentive requirements, our lawyers help to identify necessary permits and governmental approvals, land use and real estate issues, regulatory requirements, and issues affecting lenders rights in project collateral. Drinker Biddle lawyers advise clients on siting, contamination, environmental indemnities, and stakeholder strategies. Our lawyers also manage controversy, including participation in contested governmental proceedings, coalition building, preemptive stakeholder engagement, public meetings, private mediation and litigation.