Our lawyers have extensive experience in representing all types of project participants in renewable and clean energy transactions. We represent clients in wind, solar, ethanol, biodiesel, biomass, geothermal and hydroelectric projects. Our lawyers have prepared and negotiated:
- Financing documentation
- Project acquisition, development and construction documentation
- Fuel supply and offtake agreements
- Joint venture and other ownership structuring documentation, including undivided interest structures and royalty arrangements
- Major equipment supply contracts
- Documentation relating to renewable energy transactions
- Tax structures, including tax incentives
- Climate change, environmental, real estate and policy advice
Wood & Lee lawyers have extensive experience with the key issues that arise in renewable and clean energy project finance, acquisition, and development and construction transactions. Our lawyers understand how commercial, technical and financial risks are commonly allocated for these types of projects and have extensive experience with the legal, practical and political issues that may arise in transactions in the renewables sector. Our lawyers also have extensive experience covering climate change, environmental, renewable energy policy and regulatory matters.
Our lawyers advise clients internationally in the energy and industrial sectors on statutory programs. Our lawyers have also advised our insurance clients on the risks and opportunities associated with new products to manage environmental conditions in emerging regulatory markets.
Our broad range of clients includes:
- Large and fast-growing companies
- Angel investors
- Venture capital investors
- Investment banks
- Financial institutions
- Private equity funds
- Service providers
- Renewable energy – drafting and negotiating all project agreements, including power purchase agreements related to wind power, solar energy, biothermal and geothermal energy, and biomass conversion.
- Clean technology – projects related to water treatment, reuse of grey water, heating, cooling, mining, forestry and natural resources, energy generation, efficiency and storage.
- Smart grid technology – transmission agreements, electricity connection agreements, regulatory aspects, real estate matters including negotiation of rights of way, and cross-border transmission lines.
- Intellectual property – assistance in identifying, assessing, strategising and exploiting clean technology opportunities, including “freedom to operate” opinions, licensing arrangements, technology transfers, valuation and designing around problematic patents; research, development and protection of clean technology by securing patent, trade-mark and industrial design registrations and by copyright; enforcement of clean IP rights through litigation.
- Corporate and commercial – development and financing of cleantech projects, commercialisation of cleantech products, corporate governance, acquisitions and divestitures of clean technology projects, tax structuring, corporate social responsibility, commercial contracts, and international trade issues.
- Construction law – construction and related contracts involving wind and solar farms, water treatment facilities and other energy facilities; green building (Leadership in Energy and Environmental Design (LEED) certification) issues; payment and performance claims involving green developments.
- Infrastructure and public-private partnerships – public bidding for infrastructure projects; construction, financing and operation of public-private partnership projects (PPP); PPP best practices; application of innovative technologies to reduce project costs; financial risk sharing between public and private partners.
- Carbon markets and management – analysing domestic and international cap-and-trade requirements and opportunities as well as opportunities resulting from any offset system; assisting in the development and implementation of Clean Development Mechanism (CDM) or voluntary offset projects; complementary government policies; energy efficiency measures; renewable energy systems.
- Environmental law – advice and representation on issues associated with property and project development, production, distribution and marketing. Key compliance areas include permitting, compliance with regulatory conservation initiatives, and environmental protection. Property and project management issues include environmental assessments for projects, due diligence in transactions, brownfields conversion, and remediation initiatives.
- Regulatory matters – corporate disclosure of climate change regulatory risks, inventory and management of carbon footprints, compliance with statutory reporting obligations including annual reporting of greenhouse gas emissions, regulatory approvals and waivers for cleantech projects, climate change policies and regulations.
- Green marketing and advertising – assistance in developing, defending and challenging environmental claims for marketing and advertising materials, and communications with other stakeholders.
- Litigation – clean technology IP litigation and dispute resolution, environmental permitting, market manipulation practices, energy and natural resources litigation, contract disputes.