Saul Ewing understands the inherent tensions between stakeholders in guiding a solar project from inception through completion. Although local utility providers may be required to have a certain percentage of power come from renewable sources (“renewable portfolio standards”), these companies that control access to the public grid also have limited resources and other concerns, such as cyber and physical security of the grid. Local governments are not necessarily incentivized to update their zoning laws to enable solar development. And community groups may oppose a project for purely aesthetic reasons or other alleged adverse environmental impacts.
Saul Ewing attorneys advise utility scale and community energy solar developers and contractors, energy companies, renewable energy storage facilities, investors, hospitals, schools, and owners of warehouses, convenience stores, shopping centers and other facilities on all aspects of solar energy development. We guide developers from project inception through grid interconnection, and assist parties with acquisitions of, and investments in, solar facilities, including associated due diligence. We also handle discrete negotiations for power purchase agreements (PPAs) and renewable energy certificates.
Leveraging our significant experience in the energy industry, our team helps our diverse array of clients maneuver through hurdles, including community opposition, land use restrictions and interconnection challenges. On behalf of one client, we worked for years to get new legislation facilitating solar development adopted. The law now provides a streamlined administrative approval process, which opened the door for solar investment in all zoning districts within the jurisdiction.
Our Solar Energy team provides counseling in the following areas:
- Real Estate and Regulatory Due Diligence: counseling on state and local regulations and tax structures for clients looking to enter the market and reviewing site plans for proposed, ongoing and/or approved projects
- Environmental Permitting: securing permits, including air, water and solid waste permits required by local, state, and federal environmental authorities
- Real Estate: drafting and reviewing documents, including deeds, easements, leases and licenses; handling title, due diligence, conveyance and recordation matters associated with fee and easement acquisitions for solar and associated transmission and interconnection through substation facilities
- Zoning, Land Use and Subdivision: securing approvals on local and state levels
- Federal, State and Local Tax: advising on income (including tax credits), property, transfer and other tax issues
- Financing: representing lenders, investors and owners in securing funds for solar energy projects
- State Regulatory Commissions: representing clients at all stages of project approval proceedings, if and when required
- Contracting: handling negotiations for equipment purchase and procurement agreements, construction and installation contracts, power purchase agreements, operation and maintenance agreements, and agreements for the purchase or sale of solar energy projects
- Government and Community Relations: managing a variety of political and local issues on behalf of our clients
- Disputes and Litigation: representing clients in local administrative proceedings, federal and state trial and appellate courts and alternative dispute resolution forums when disputes arise
View a selection of our solar representations here.
- A national developer of utility-scale solar projects in successfully defending a county grant of a conditional use permit for a large $75 million solar facility that had been challenged by two local farmers/nearby landowners. A superior court ruled that all the proper procedures and requirements had been adhered to, and thus the conditional use permit was properly granted.
- A power company in providing state and local due diligence in its acquisition of more than 20 solar power facilities in multiple states from an electric and gas company for approximately $500 million. Our team advised on real estate, environmental permitting, zoning, regulatory and tax matters.
- A solar energy company in the negotiation, tax and corporate structuring, and closing of a combined $50 million debt/equity investment by a financier that will allow the company to accelerate its acquisition, development, construction and management of community solar plants primarily in the Northeast.
- A regional developer of large utility-scale solar facilities as it seeks to develop projects in the mid-Atlantic. We assisted in the legislative process that led to a successful code amendment that permits solar facilities by right in virtually all zoning categories in the relevant jurisdiction, subject to certain established conditions. We also assisted in the acquisition and approval process for sites and transmission corridors both in the jurisdiction as well as throughout the region.
- A national energy company in the refinancing of a utility-grade grid connected solar project at a college. We provided environmental and regulatory opinions in connection with the refinancing.
- A renewable energy company in land use-related issues associated with the placement of utility-scale solar facilities and legislative changes needed to permit the use of right-of-way for non-regulated entity transmission lines.
- A developer of community and utility-scale solar energy projects in North America before the Maryland Public Service Commission in obtaining reversal of a decision that a proposed solar facility, to be sited on land leased by a college, could not proceed as a net metering project.
- An energy company, a university and a solar energy company in drafting agreements for and negotiating the sale of renewable energy certificates from wind and solar facilities.
- Investors in solar projects on regulatory and environmental compliance and local permitting and approvals, including on Minnesota community solar garden requirements.
- An equity investor in its strategic alliance with a solar installer in the installation and leasing of residential rooftop solar units across eight states and the District of Columbia. We researched consumer protection laws and drafted state-specific leasing contracts.
- A national bank in financing a solar project at a military installation in Maryland. We performed environmental, real estate and regulatory due diligence, reviewed issues with government contracting, and also reviewed and critiqued opinions being rendered by the developer’s counsel.
- A national energy company in the acquisition of the largest solar facility in Maryland. We provided state and local support, including conducting due diligence and obtaining approval by the state for the transfer of the real estate lease. (The project did not close due to issues unrelated to our representation.)
- A subsidiary of a major U.S. bank as a tax equity investor in solar installations at 17 schools and a community center.
- A global courier service company in numerous individual solar applications and in negotiating PPAs, license agreements and solar equipment lease agreements for states that do not permit PPAs for use with a solar provider at multiple locations across the U.S.
- A prominent hospital/university system in negotiating a PPA and wholesale grid resale for a utility-grade solar facility as a price hedge for electricity.
- A shopping center developer in drafting and negotiating installation agreements for rooftop solar on its centers in California.
- Athletic facilities, a food warehouse, a convenience store operator, a hospital system and a school in connection with third-party installation of rooftop and ground-mounted solar.
- A warehouse owner in siting third-party owned solar facilities on the roofs of two warehouses where tenants would be the power purchasers.
- Contractors constructing solar installations and for-profit and nonprofit entities installing solar power including lease negotiation and PPAs for solar installations.