Legal Services

Alternative & Renewable Energy

Archer’s Alternative and Renewable Energy Practice Group has been at the forefront of the planning, development and implementation of alternative and renewable energy projects throughout the Mid-Atlantic region. The Group’s attorneys have extensive experience in the development, financing, sale, purchase and operation of alternative and renewable energy facilities. Our attorneys have handled numerous projects, including, but not limited to, solar, wind, geothermal and cogeneration facilities.

Our Alternative and Renewable Energy Group regularly counsels property owners, financial institutions, developers, designers, utilities, new businesses and start-up companies in all aspects of alternative and renewable energy projects, including: regulatory and permitting matters; real estate issues; land use approvals; corporate and financing matters; equity raising; energy-specific contractual issues such as Power Purchase Agreements; and structuring of transactions to maximize tax benefits and other incentives. In addition, the Group works with attorneys in our Intellectual Property Group to assist clients with emerging technologies in the renewable energy sector through the prosecution of patents and licensing agreements.

The Alternative and Renewable Energy Group also regularly counsels clients on legislative matters and governmental relations and provides guidance as to maximizing the opportunities and benefits that renewable energy projects can provide.

With a network of offices spanning New Jersey, Pennsylvania, Delaware and New York, Archer’s Alternative and Renewable Energy Practice Group handles transactions and projects throughout the Mid-Atlantic region. A small sample of the many transactions and development projects the Group has handled include:

  • Obtained permits and approvals for a 1.5 MW ground-mounted solar array on a capped and closed landfill, intended to provide power for an extensive pump and treatment remediation system for a leading provider of environmental and energy services. The firm also provided property tax advice to the publicly traded corporation.
  • Provided advice and representation on the feasibility, financing, land use approvals and tax implications of a 10 MW solar facility on the corporate campus of a Fortune 500 company.
  • Obtained permits and approvals for a commercial-level, ground-mounted solar array on a capped and closed landfill as part of an overall redevelopment plan, with the electricity to be sold to the area’s power provider.
  • Arranged financing for a 1.7 MW solar rooftop installation by providing advice and representation on receipt of federal grant funds and application for Solar Renewable Energy Certificates.
  • Represented a national generating company in connection with property tax and operational matters for a series of solar projects.
  • Negotiated and drafted a joint venture agreement between energy companies to enter into contracts with towns in New York State to install tri-generation renewable energy production equipment on landfill sites for generating electricity from solar power, thermal power and methane gas, with the electricity and bio fuel to be sold to the towns.
  • Negotiated and drafted Power Purchase Agreements on behalf of two prominent New Jersey churches, both 501(c)(3) nonprofit organizations, granting licenses to power companies to install solar panel arrays on church rooftops for the production and sale of electricity. The firm also provided tax advice to the churches.
  • Representation of a financing institution that specializes in solar installations for 501(c)(3) organizations. The firm provides advice on transactional structure to permit nonprofits to receive federal grants and advises the client on Solar Renewable Energy Certificates. The firm also negotiates and drafts Power Purchase Agreements, Easement/License Agreements and Operating Agreements.
  • Represented an international power company in land use, tax and other aspects of proposed ground-mounted solar array to produce electricity to sell to area power provider.
  • Site acquisition, permitting and regulatory approvals, and negotiation of long-term tax exemption and payment in lieu of taxes for a 550 MW cogeneration facility, along with continued representation concerning business and operational issues.
  • Site acquisition and permitting for an up-to-1200 MW gas-fired electric generation facility.
  • Ongoing representation regarding numerous other net metering renewable energy projects and projects intended to sell power to local and regional utility companies.

Experience

  • Over ten years experience within the environmental industry, in matters related to hazardous waste/hazardous materials management and disposal.
  • Represented parties before federal, special regional and state agencies such as the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency regarding air, water and hazardous waste/hazardous substances shipping / handling enforcement matters.
  • Obtained approvals for and developing some of the most significant projects in New Jersey and the Delaware Valley, including electric generation and co-generation facilities, solid waste management facilities, industrial parks, hospitals, schools, major commercial and residential developments, redevelopment of Brownfield and blighted areas, alternative and renewable energy facilities, establishment of fish and wetlands habitat areas, creation of wetland mitigation banks, forestry and woodland management plans, and open space preservation projects.
  • Represented residential, commercial and industrial developers in all phases of development from pre-acquisition assessment, due diligence, land use and environmental permitting, environmental counseling, and post-closing matters.
  • Extensive experience with environmental matters related to real estate and corporate transactions and alternative energy matters.
  • Advised various lenders, developers and industrial concerns regarding environmental compliance related to business and real estate transactions.
  • Represented lenders and borrowers in numerous solar project financing transactions.
  • Represented residential and commercial developers in all phases of development, from pre-acquisition analysis for development potential and title, environmental, and other constraints through the application and development process.
  • Represented parties to transactions involving single family and multi-family housing development parcels, planned real estate developments, redevelopment sites, Brownfield properties, riparian lands and rights and wetland mitigation banks.
  • Assemblage of land in three city blocks in Trenton, New Jersey for a multi building office project and the coordination of an acquisition program involving in excess of 10,000 acres and over 100 transactions for a wetlands restoration project.
  • Experience in zoning approvals and in federal and state environmental compliance, with broad development planning and regulatory enforcement, as well as particular wetlands, water quality, flood hazard area and utility experience.
  • Assisted clients in developing and structuring alternative energy projects. Knowledge in drafting and negotiating disclosure documents, power purchase agreements, supply contracts, indentures, letters of credit and related transactional documents.

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