Hodgson Russ's renewable energy practice group advises on a broad spectrum of large-scale and distributed solar, offshore and onshore wind, energy storage, transmission, clean transportation, and energy efficiency projects. We guide developers, lenders, land owners, permitting and development agencies, suppliers, project acquirers and investors through every aspect of project development, permitting, financing, regulatory, construction, implementation and operations. Hodgson Russ attorneys combine their deep knowledge in renewable energy and related markets with foremost expertise in regulatory, real estate, local and municipal zoning and land use, labor and employment, environmental, transactional, tax, cross-border matters, and litigation.

Our firm has worked on the U.S. legal aspects of renewable energy projects from Quebec to Uruguay and from Maine to Hawaii. Hodgson Russ has been involved in renewable energy from the earliest days of hydropower, including the first successful defense of a permit denial due to excess greenhouse gas emissions.

As the states and federal government implement policies accelerating the buildout of renewable energy resources and reduction of greenhouse gases, and the solar, wind, and energy storage industries grow at exponential rates across the United States and beyond, Hodgson Russ provides both private and public entities an experienced, forward-thinking legal team with both strategic acumen and deep experience in all applicable areas of law.

Strategic Planning

  • Clean Energy and Renewable Portfolio Standards
  • Wholesale and Retail Electricity Rate Design
  • Project and Portfolio Due Diligence


Zoning and Permitting

  • Municipal zoning applications
  • Administrative and Judicial Dispute Resolution
  • Public Service Commission approvals and Petitions for Declaratory Rulings
  • Transmission Projects and Interconnection Agreements
  • Article 10 Permitting Process (New York State Board on Electric Generation Siting and the Environment)
  • Section 94-c siting Process (Office of Renewable Energy Siting)
  • Payment-in-lieu-of-taxes (PILOT) Agreements
  • Host Community, Community Benefit, and Road Use Agreements


Environmental Review

  • National Environmental Policy Act compliance and State Environmental Review
  • Take Permits
  • Historic Preservation reviews


Project Financing

  • Reviewing financing documents
  • Obtaining state and federal financial incentives
  • Issuing required legal opinions
  • Obtaining benefits through industrial development agencies


Lease & Easement Agreements

  • Drafting, execution, and enforcement of lease and easement agreements necessary for acquiring transmission line routes, achieving wind-stream protection, preserving right to solar resources, and complying with noise and property-line setback requirements


Real Estate

  • Title Insurance, Surveys, & Boundary Disputes
  • Environmental Site Evaluation & Risk Analysis
  • Right-of-way Acquisition
  • Eminent Domain


Contracts and Agreements

  • Construction Contracts
  • Membership Interest Purchase Agreements
  • Asset Purchase Agreements
  • REC contracts
  • Power Purchase Agreements.
  • Licensing & Technology Transfer


Taxation

  • Production & Investment Tax Credits
  • Sales Tax, Transfer Tax, and Mortgage Recording Tax Advice
  • Project Valuation Challenges
  • Corporate Structuring
  • State & Federal Tax Issues
  • Tax-Efficient and Treaty-Compliant Cross-Border Transactions


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Renewable Energy / News & Insights