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

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.
*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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Contact Us

We're here to help. Email us with any questions or comments and we'll get you connected to the right person.

Infrastructure and Projects: Contact Form

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