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Renewable and Alternative Energy
For more information about our most recent Renewable Energy Conference in New York, click here.
Troutman Sanders' Renewable and Alternative Energy Practice brings together experienced lawyers from various practices of the firm to provide advice and creative solutions to the needs of clients in this fast-growing segment of the energy industry. Our multidisciplinary Renewable and Alternative Energy Practice draws its members from practice groups with expertise in energy, project finance, tax, mergers and acquisitions, lending and structured finance, securities and capital markets, legislative affairs and intellectual property. This team also relies upon the resources of the firm’s real estate, environmental, climate change, litigation and other practices as necessary. This full service capability allows us to offer clients a fully integrated team with the optimum balance of breadth and specialization in all relevant areas.
Troutman Sanders is a global market leader in providing comprehensive legal advice to utility, independent power producer, financial, industrial and government clients engaged in energy-related businesses and transactions in the United States and throughout the world. Our attorneys have transactional, financing and regulatory experience in the natural gas, water and electric power industries, including the renewable and alternative energy sector.
Our track record for providing innovative infrastructure development and finance solutions is rooted in large part in our longstanding counsel–going back to the 1920s–to key participants in the electric power industry. Out of this practice Troutman Sanders became actively involved in the growth of the independent power industry in the early 1980s, including renewable and cogeneration projects under the Public Utility Regulatory Policies Act of 1978 (PURPA).
Building on these early experiences, we have developed a dynamic, worldwide energy project development and finance practice, guiding some of the most influential developers, investment banks, equity investors and lenders in the electric power industry, particularly during the recent and ongoing restructurings of electric power markets. We bring this same high-caliber leadership to the renewable and alternative energy sector.
Troutman Sanders represents clients from the early, strategic stages of investment and tax structuring to the development, construction, operation and financing of renewable and alternative energy projects worldwide. Our lawyers have experience with solar, wind, geothermal, ocean, river and hydropower projects, as well as alternative “clean coal,” ethanol, biodiesel/biogas, and biomass-related transactions, including waste-to-energy. In addition, Troutman Sanders’ attorneys have broad-ranging, global experience in the greenhouse gas emissions (GHG) business and the underlying markets and regulations, including the purchase, sale, and trading of GHG emission allowances and GHG emissions related commodities and products. Finally, Troutman Sanders advocates on behalf of clients before Congress and the Administration to support important legislation or to secure financial assistance or other support for renewable or alternative energy projects.
Lawyers in Troutman Sanders' Renewable and Alternative Energy Practice have advised clients in a wide range of renewable and alternative energy-related matters, including these recent transactions:
Solar and Wind Power:
- Representation of a major U.S. bank as tax equity investor in a master lease program for PV solar facilities located in California, New Jersey, Connecticut, Colorado and Oregon, under power purchase agreements with major U.S. retailers and municipalities.
- Representation of a major global wind developer in the acquisition of an early-stage developer of wind projects located in North Dakota.
- Representation of a solar power developer in connection with a large commercial PV project located in Pennsylvania.
- Representation of the developer in connection with the development and negotiation of a comprehensive construction contract for the greenfield engineering, procurement and construction of a solar power generation facility in Southern California.
- Representation of a major U.S. energy company in the acquisition of a large solar power project entity in California.
- Representation of a venture fund, as lender, in connection with a secured term loan facility to a solar power installation company in New York and New Jersey.
- Representation of an independent wind power developer in corporate strategies and project development matters.
- Representation of an independent power producer in its development of a 68-turbine wind farm in Pennsylvania.
- Representation of the investors in proposed wind power project finance transactions in the western United States.
Geothermal:
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Representation of the developer in connection with development efforts for a geothermal power project and a mine-mouth coal project in Indonesia.
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Representation of California-based developer in connection with the proposed acquisition of portions of the Calpine portfolio of geothermal assets.
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Ocean and River:
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Representation of UEK Corporation, an industry leader in the development of ocean and river current turbine technology, with respect to intellectual property, Federal Energy Regulatory Commission (FERC) hydropower licensing, business plan development, project finance and development, and the certification and sale of renewable energy and carbon reduction credits.
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Representation of an independent power producer in connection with its purchase of hydropower assets in New York from Mirant Corporation.
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Representation of an independent power producer in its bid to acquire the stock of a Dutch holding company which owned (through Spanish subsidiaries) a group of micro-hydroelectric facilities in Spain.
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Representation of an independent power producer in connection with its acquisition of a majority interest in the 1,000 MW Alicurá Hydroelectric Plant, which was privatized by the government of Argentina, including negotiation of interim, non-recourse acquisition debt. Subsequently, represented the project sponsor in the sale of its interest in the project.
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Representation of Tenaga Nasional Berhad in the negotiation of a power purchase agreement for 2400 MW Bakun hydro power plant in Malaysia.
Renewable and Alternative Fuels:
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Representation of First United Ethanol in connection with construction of a 100-million gallon ethanol plant in Southwest Georgia, including assistance with environmental, construction, tax, transportation and lobbying/public relations issues surrounding the plant.
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Representation of Abengoa in connection with the acquisition and development of new ethanol production facilities in the United States.
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Representation of an Australian investment bank as co-developer and lender in connection with the purchase and development of ethanol producing facilities in Pennsylvania and Louisiana.
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Representation of an Australian investment bank as investor in a company developing a technology to produce ethanol from cellulose.
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Representation of U.S. biofuel company in US$10 million secured financing to facilitate acquisition of biodiesel feed stock and working capital needs, including drafting and negotiating debt, security and sponsor support agreements.
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Representation of a biomass gasification power project developer in Vietnam, including power purchase agreement negotiation with Electricity of Vietnam (EVN) and related export-credit agency financing matters.
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Representation of Biomass Investment Group, Inc. in connection with the development and financing of a 120 MW biomass energy transport gasification station and related power purchase agreement in Central Florida.
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Representation of Biomass Investment Group, Inc. in connection with the development of an advanced biomass energy transport gasification power station in Pernambuco State, Brazil.
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Representation of Future Energy Resources Corp. (FERCo) in connection with its development and financing of a patented gasification process that converts biomass forms into a fuel gas that can be used in a variety of energy conversion devices, including gas turbines and internal combustion engines.
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Representation of The Fuji Bank, Limited in connection with the refinancing and restructuring of a waste-to-energy facility in New Jersey along with extensive state and federal court litigation and administrative proceedings.
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Representation of Max-En Capital in connection with a portfolio investment in coal gasification technology in China and the United States.
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Representation of Southwestern United States utility in connection with the development of and power purchase agreement for a biomass electric power station.
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Representation of a U.S.-based advanced technology waste-to-energy developer in connection with the development of projects in Italy and Japan.
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Representation of alternative energy owner/developer regarding corporate and regulatory issues associated with biogas qualifying facility located in Philadelphia, Pennsylvania.
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Representation of a truck manufacturer in connection with the conversion of methane from a landfill to liquefied natural gas for use in trucks.
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Representation of U.S. industrial company on implications of U.S. Customs laws concerning plans to build a biofuels facility abroad and import items to the United States.
Other:
- Representation of Southern Power Company in connection with a 280 MW integrated gasification combined cycle (IGCC) generation project to be constructed in Florida, and co-owned with the Orlando Utilities Commission, including drafting and negotiating agreements for construction, co-ownership, operation, support services and the purchase and sale of gasification island capacity.
- Representation of an energy private equity firm in connection with private placement funding for investment in renewable energy companies.
- Representation of Trigen Corporation regarding policy and regulatory issues associated with the development and deployment of CHP technology, including drafting standard interconnection protocols applicable to alternative energy sellers.
- Representation of NEV Technologies regarding corporate structuring and regulatory issues associated with the deployment of distributed generation assets in California.
- Representation of the European Federation of Energy Traders (EFET) in connection with the development of the Allowances Appendices for the trading of greenhouse gas emissions under each of the EFET master agreements for the delivery and acceptance of electricity and natural gas as well as coordinating the legal opinions on the enforceability of close-out netting and other key aspects of EFET’s standardized trading documentation for the EFET Gas, Power and master netting agreements from local counsel in twelve EU Member States.
- Representation of private equity firm as “Kyoto counsel” regarding its investment in, and purchase of carbon reduction credits associated with, a Russian natural gas pipeline efficiency and methane capture upgrade project.
- Representation of parties on greenhouse gas regulatory, litigation and legislative matters, including testimony before Congress on climate change issues.
- Representation of major U.S. financial institution in connection with the development and implementation of its program for the syndication of Section 45 renewable energy production tax credits.
- Representation of parties on the application of various energy tax credits, including the Section 48 energy tax credit, Section 45M alternative fuels credit, Section 40A biodiesel credit (and correlative Section 6473(e) refundable excise tax credit) and Section 45 credit for electricity produced from renewable resources.
- Representation of utility client in securing a $125 million investment tax credit under Section 48A for a super-critical pulverized coal facility.
- Representation of utility client in support of inclusion of the investment tax credit provision in the Energy Policy Act of 2005.
- Representation of clients on issues relating to alternative and emerging energy technologies, particularly implementation of relevant provisions of the Energy Policy Act of 2005.
- Representation of major electric utility in connection with the creation of Green Power Program and procurement of green energy resources.
- Representation of number of clients regarding the proposed Federal Renewable Portfolio Standard and other similar legislative efforts.
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