The Potomac Law Renewable Energy Group is an integrated practice of experienced professionals serving the needs of a wide variety of clients in every segment of the renewable energy industry at the federal, regional, and state levels.
Our experienced attorneys work with clients in all aspects of renewable energy and clean technology law, including project development, siting and permitting, diligence and financing, business planning, and tax. We have deep experience and understanding of renewable energy and clean technology laws and regulations, financing options, corporate structures, and tax incentives.
We represent developers, financing parties, project owners, landowners, equipment manufacturers, purchasers of renewable projects, including private equity, and early stage and established clean energy companies. We routinely assist in the preparation and negotiation of site control instruments, due diligence, financing, regulatory policy and approvals, project offtake agreements and transfers of businesses and assets. We have worked on everything from individual projects, to portfolios of projects, to purchase of public utilities.
One key part of our renewable energy practice is to advise companies that are pursuing public grant funding and tax incentives that are designed to support the transition to renewable energy sources and reduce greenhouse gas production. On these issues we work with a diverse group of private and public companies, non-profits, and individuals to advise on legislative and regulatory developments related to the renewable energy tax incentives in the Inflation Reduction Act of 2022, including the new tax rules that allow the sale of tax credits and that provide refundable tax credits to a wide range of tax-exempt entities. We work with clients to structure proposed projects, identify potential credits, grants, and loans, and develop strategies for utilization of these incentives.
We understand our clients’ businesses, technologies, and markets, so that we can provide practical, effective, and efficient advice and develop creative ways to ensure that our clients develop strategies for growth and success that achieve their business goals.
We regularly advise companies on how to meet the challenges that arise in every sector of the renewable energy industry including:
- Solar
- Wind
- Hydrogen
- Hydropower
- Biogas
- Biomass
- Energy storage
- Energy efficiency and demand response
- Transmission / distribution system optimization and efficiency
- EV Charging
Our services include:
Project Development/Siting/Permitting
- Power purchase agreements
- Incentives for Renewable Energy project development including tax benefits and grants
- Commercial contracts (EPC Contracts) for design, build and installation of renewable and utility scale facilities
- Interconnection and transmission access
- Real estate work required in connection with renewable energy transactions, including real estate purchases, ground leases, easements, option agreements, title work, and procurement and negotiation of title commitments
- Environmental due diligence and review (federal and state)
- Local permitting and approvals
- State, FERC and ISO policies and procedures
Finance/Corporate
- Public and private financing and transactional due diligence
- Tax credits and tax implications
- Acquisitions and divestitures of projects and portfolios
- Due diligence of renewable assets for development, financing and M&A transactions, including local zoning and permitting
- Financing, including project finance, acquisition finance, early-stage financing, private placements, limited and non-recourse loans
Dispute Resolution and Regulatory Enforcement
- Represent energy storage equipment manufacturer in matters asserting liability associated with equipment
- Defend against investigations and enforcement matters involving renewable energy and storage facilities
Regulatory Compliance
- Advise developers of solar, wind and battery storage facilities in matters involving wholesale power transactions, including market-based rate authorization, exempt wholesale generator status, Qualifying Facility status, asset transfers, and myriad other regulatory compliance issues under the Federal Power Act, Public Utility Holding Company Act, and Public Utility Regulatory Policy Act.
Representative Experience
- Advise several clients on qualification and filing procedures for the tax credits for solar, wind, energy storage, biomass, hydrogen, energy manufacturing credits, and home/building energy incentives
- Advise several clients including for-profit and non-profit businesses on new tax code rules affecting renewable energy credits including the Prevailing Wage and Apprenticeship rules, the Elective Payment rules, the Transfer of Credit rules, the Domestic Content Bonus Credit rules, the Energy Communities Bonus Credit rules, and the Low-Income Communities Bonus Credit rules
- Advise large, international equipment manufacturer on legal, regulatory, tax, and commercial aspects of distribution of residential, commercial and utility scale energy storage facilities in the United States.
- Counsel to national trade association for solar industry advising on federal energy regulatory matters.
- Counsel to a state trade association on renewable energy for a year-long project of monthly webinars on the guidance released by Treasury and the IRS on the renewable energy provisions included in the Inflation Reduction Act of 2022
- Assist private equity funds in the purchase of regulated utilities, including advising on strategy and leading contested case litigation at the state public utility commission
- Provide legal and regulatory assistance with the development of renewable natural gas projects and related contracts and agreements
- Assist with siting and permitting issues for wind and solar generation projects
- Provide regulatory and permitting opinions for wind and solar developments on behalf of developers and engage in due diligence review for financing parties
- Counsel to clients in the development, permitting, diligence, and financing of approximately 300 MWs of commercial scale solar/storage projects in New England, New York, Maryland, and Georgia including review of applicable state and FERC regulatory requirements.
- Counsel to municipalities and stakeholder groups with respect to siting and permitting of electric transmission lines and interstate gas pipeline infrastructure in New Hampshire and Massachusetts, including representation at proceedings before the MA and NH Siting Boards, MEPA, FERC, and before the Supreme Judicial Court in Massachusetts and the Supreme Court in New Hampshire.
- Counsel to clients developing, permitting, and siting renewable facilities including local permitting, site control, regulatory policy (state, FERC and ISO-NE matters), complex commercial agreements, power purchase agreements, net metering agreements, community solar agreements, EPC contracts and supply agreements.
- Represent state trade associations in advanced energy and competitive supply in regulatory proceedings before the state regulator.
- Advise clients in developing, permitting, siting, interconnection, and power purchase agreements for solar, wind, and storage projects in Michigan
- Provide legal and regulatory assistance with the development of renewable natural gas projects and related contracts and agreements in Michigan.
- Successfully obtained new 20-year PPAs for hydroelectric, landfill gas and waste-to-energy facilities.
- Assisted private equity funds in acquisition of regulated utilities, including advising on strategy and leading contested case litigation at the Michigan Public Service Commission.
- Provision of regulatory opinions for wind and solar projects in Michigan on behalf of owners and financing parties.
- Assisted client in research, analysis, and resolution of mineral rights on potential solar project site, including negotiation with rights holders, well operators, and title insurance company.
- Negotiated Engineering, Construction, and Procurement Contract for municipality owned solar project.