Alternative & Renewable Energy

Overview

Our Alternative & Renewable Energy industry team represents owners, developers and financiers of solar, wind, biomass and other energy facilities generating electricity from alternative sources. We also work with investors supplying capital and financing for these purposes, as well as with the manufacturers of equipment and components used in such projects. As the legislative landscape of federal and state tax credits and grants for the efficient financing of renewable energy projects changes from year to year, we stay on the cutting edge of developments in the often complicated organizational structures that facilitate the use of these incentives by owners and investors.

We assist developer clients with every step of the life cycle of an energy project on a fully-integrated basis, including site acquisition; structuring ownership to facilitate the use of grants and sale of federal and state tax credits; conventional and alternative financing transactions; power purchase and interconnection agreements; and leveraging of state and local government economic development programs and incentives.

We also work closely with our Global Commerce industry team colleagues in the representation of foreign companies desiring to acquire facilities in the United States for the manufacture of solar panels, modules, inverters, wind turbines, and other equipment and components incorporated into solar power generation facilities, wind farms and similar renewable energy projects. Our attorneys also involve the Public Finance & Economic Development practice in order to identify the most suitable tax abatement, financing and economic incentives programs available in connection with the construction, ownership and operation of such facilities.

We are leaders in notable trade and business groups in the area, including membership on the Board of Directors of the Georgia Solar Energy Association and as Co-Chair and newsletter Editor of the International Energy and Natural Resources Committee of the American Bar Association’s Section of International Law. We also are actively involved as policy advocates and in related lobbying efforts at the Georgia Public Service Commission and the state legislature, including the drafting of legislation targeting expansion of renewable energy opportunities in the State.

Experience

  • Recent solar projects include 300+ MW of utility scale systems.
  • Represented Stafford Properties in connection with the leasing of 80,000 square feet of rooftop space on a Publix-anchored shopping center in Gainesville, Fl., for the installation of nearly 1,500 solar panels. The 350 kw system is the fourth (4th) largest rooftop solar facility in the State of Florida and provides electricity to Gainesville Regional Utilities, which buys the power under its feed-in-tariff program.
  • Regularly manage immigrant and non-immigrant visa processing on behalf of a German company that is one of the world’s largest manufacturers of wind turbines.
  • Assisted a $2 billion asset German fund with due diligence for a U.S. renewable energy fund.
  • Represented a subsidiary of Sysco in negotiating a rooftop lease for a solar photovoltaic facility located at a New Jersey distribution center.
  • Represents Hecate Energy LLC in 30 MW solar farm.
  • Represented Jacoby Development in the formation of a joint venture, organized for financing and development of solar photovoltaic generation facilities throughout Georgia. The projects include a 100 acre solar farm in Washington County, Georgia, which generates 9 MW of electricity  sold to a utility provider under a 25 year power purchase agreement.
  • Represented an Austrian manufacturer of solar inverters and welding equipment in legal aspects of a national site selection search, including negotiation of an incentive package valued at about $20 million in connection with its $40 million investment in a North American headquarters and manufacturing facility expected to create about 700 jobs. Further assisted in negotiation of local tax abatements and acquisition of real estate.
  • Represented Jacoby Development in connection with the development of Aerotropolis, a mixed use project located on the 120-acre site of the former Ford Motors Assembly Plant adjacent to Hartsfield-Jackson International Airport. Phases included the sale of property acres to Porsche for the development of its North American headquarters, the sale of property to the City of Atlanta and the proposed construction of a parking facility covered by solar panels.
  • Assisted with development and construction financing for an 80-unit senior community sponsored by The Housing Authority of the City of Decatur and financed using conventional debt, state and federal low income housing tax credits, HUD funds and renewable energy credits.
  • Served as buy-side counsel for strategic acquisition of infrastructure assets for wholesale distribution of petroleum products and renewable fuels in the energy sector.
  • Advised client on legal and practical implications of proposed Atlanta Sustainability Ordinance and assisted in developing strategy to lobby against adoption of the new law; strategy was successful in raising awareness of inadequacies of law resulting in rejection by the Atlanta City Council.
  • Representing a Fortune 100 national food distribution company as outside North American real estate counsel with regard to all acquisitions, developments, leases and dispositions of real estate in the United States and Canada.
  • Represented German photovoltaic modules manufacturer for setup of U.S. subsidiaries and operation of sales facilities in the U.S.

    Recognition

    AGG is a past recipient of the Georgia Solar Energy Association’s Solar Advocate Award.

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