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Energy

Energy Infrastructure & Projects

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Developing and financing energy infrastructure projects is complex. You need a strategic partner who understands the industry and can help you quickly identify and overcome legal obstacles to successfully closing your project.

Overview

At DWT, we leverage our robust experience to assist you in the development, financing, and operation of your energy projects throughout the U.S. and overseas. Our multidisciplinary team provides comprehensive legal services designed to address the unique challenges of each project.

We collaborate closely with our clients to deliver practical legal solutions that align with their unique needs in an ever-changing market.

Our lawyers excel as lead counsel, as well as local and special counsel, on energy transactions. Our team draws on the industry knowledge and extensive jurisdictional expertise of our colleagues across practice areas—providing comprehensive advice and due diligence on all corporate, tax, regulatory, environmental, real estate, and land use aspects of a project.

How We Help

Our lawyers represent developers, sponsors, investors, private equity firms, and financial institutions in all aspects of project development and finance, including:

Project Agreements

We assist our clients in drafting and negotiating:

  • Power purchase agreements (both physical and virtual), tolling agreements, and derivative agreements
  • Interconnection and transmission service agreements
  • Engineering, Procurement, and Construction (EPC), integration, build transfer (BTA), equipment supply, operation and maintenance (O&M), and long-term service (LTSA) agreements
  • Fuel supply and transportation agreements
  • Site lease, option, and acquisition agreements

Tax & Financing

We advise on, prepare, and negotiate:

  • Tax equity investment arrangements, including partnership flip and sale/leaseback agreements
  • Tax equity transfer and elective pay agreements
  • Working capital, construction, and term loan financings
  • Bonus tax credit eligibility under the Inflation Reduction Act of 2022
  • Obtaining letters of credit and performance bonds
  • Advising and securing property tax, sales, and use tax exemptions

Sales & Acquisitions

We advise and assist our clients in all aspects of acquisition and sales of energy projects and portfolios, including: 

  • Due diligence and fatal flaw analyses
  • Preparing confidential information memoranda
  • Running virtual data rooms
  • Preparing competitive bid solicitations
  • Preparing and negotiating membership interest purchase agreements (MIPAs) and asset purchase and sale agreements

Regulatory

We guide our clients through the regulatory landscape, including to secure eligibility for state and local economic incentives and ensuring compliance with local, state, and federal requirements. Our regulatory counsel includes:

  • Federal Energy Regulatory Commission (FERC) compliance and approvals
  • State utility commission compliance and approvals
  • Obtaining local consents, waivers, and approvals, including from the California Public Utilities Commission (CPUC)
  • North American Electric Reliability Corporation (NERC) compliance
  • Complying with renewable portfolio standards
  • Satisfying greenhouse gas emission reduction requirements

Permitting, Environmental & Land Use

We assist our clients with:

  • Satisfying local planning, permitting, and approval requirements
  • Securing zoning approvals or variances
  • Undertaking Phase I and Phase II, wetlands, and other environmental and land use reviews
  • Negotiating redevelopment and multiple-party agreements
  • Obtaining title commitments and insurance
Project Agreements

Why Choose Us

Our clients include Fortune 200 and other leaders in energy and finance who trust DWT for their most complex and routine infrastructure project needs. Our expertise covers all aspects of developing and financing clean energy technologies such as solar, battery storage, wind, biomass, electric vehicle charging infrastructure, carbon capture, and hydroelectric power. Our seasoned practitioners serve as trusted advisors to our clients to deliver actionable insights and practical legal solutions to facilitate our clients' success.

Private equity investment*

Represented Solitude Solar, LLC (d/b/a US Light Energy) in $25 million private equity investment in the company. Representation included drafting and negotiating investment agreement, managing due diligence, and advising company on tax, employment, corporate, and regulatory aspects of the transaction.

Solar project portfolio acquisition*

Represented EDF Renewables, NA in $200 million solar project portfolio acquisition, including managing due diligence, preparing and negotiating membership interest purchase agreements, and negotiating EPC agreements.

Solar asset sale*

Representing seller in $25 million solar asset sale, including preparing confidential information memoranda, structuring the bidding process, evaluating bids, preparing and negotiating term sheets, site leases, MIPA agreements, EPC agreement, managing due diligence process, and advising client on tax aspects of the transaction, including bonus adders under the Inflation Reduction Act of 2022.

Solar/storage acquisition*

Represented Standard Solar, Inc. in $25 million solar/storage acquisition in Maryland.

Renewable natural gas plant development*

Represented Proximo Energy, LLC in developing an approximately $30 million renewable natural gas (RNG) manufacturing plant in Florida, including advising on corporate, finance, real estate, and tax issues.

Bank debt and working capital facility*

Advising solar company in arranging $80 million bank debt and working capital facility.

Portfolio sales of solar assets*

Representing client on portfolio sales of solar assets in New York and Pennsylvania.

Sale/transfer of ITC credits*

Advising real estate company on sale/transfer of ITC credits associated with solar rooftop installations in New York City.

Financing transaction and private equity investment*

Represented Woodfield Renewable Partners, LLC on approximately $150 million financing transaction and private equity investment for development and acquisition of distributed generation solar assets. Advised company on tax, corporate, employment, and financing aspects of the transaction.

Community distributed solar power project*

Represented Rock Gate Associates, LLC in development and sale of a 5 MW community distributed solar power project in Westchester County, New York.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Industry Contacts

Merrill Kramer
Merrill Kramer
Partner
Washington, D.C.
202.973.4264
Shabad Puri
Shab Puri
Partner
San Francisco
415.276.6507

Our Team

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Addiego, Joe
Joseph E. Addiego III
Partner
San Francisco
415.276.6515
Albrich, Elaine R.
Elaine R. Albrich
Partner
Co-chair, Energy, Natural Resources & Environmental Practice
Portland
503.778.5423
Atkins, Sean
Sean A. Atkins
Partner
Co-chair, Energy, Natural Resources & Environmental Practice
Washington, D.C.
202.973.4294
Baker, Kraig L. Marini
Kraig L. Marini Baker
Partner
Seattle
206.757.8007
Charles, Pamela
Pamela M. Charles
Partner
Chair, Tax Practice
Seattle
206.757.8267
Cody, Faith
Faith Cody
Associate
Seattle
206.757.8144
Davis, Elizabeth
Elizabeth Lan Davis
Partner
Washington, D.C.
202.220.1933
Marco de Sa e Silva Mobile
Marco de Sa e Silva
Partner
Bellevue
206.757.8024
Distaso, Travis
Travis J. Distaso
Partner
Co-chair, M&A Practice
San Francisco
415.276.6592
Dong, Daisy
Daisy Dong
Counsel
Seattle
206.757.8125
Droze, Brent
Brent Droze
Associate
Co-chair, Veteran Attorneys Affinity Group
Seattle
206.757.8239
Jane Eckel
Jane Eckels
Partner
Seattle
206.757.8037
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Contact Us

Ready to tackle your next challenge, or simply have questions? Let's talk. Our team is ready to help you navigate complexity with clarity, confidence, and results.
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©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.