PRACTICE

Energy, Renewables, and Sustainability

Overview

Few industries in the United States continue to be impacted by on-going market disruptions and geo-political influences as the renewables and energy sectors. Pierson Ferdinand has assembled a dynamic and experienced group of lawyers who represent some of the nation’s most successful companies involved in the renewables and energy sectors.

  • Full Spectrum of Business Transactions

    Like traditional large law firms, we regularly assist clients in the full spectrum of business transactions and related company matters, a large portion of which involves mergers and acquisitions, capital markets, banking and credit, employment, regulatory, corporate governance and board advisory, intellectual property, and financial restructuring and reorganization, among others.

  • Leveraging Technology

    Our Energy team leverages cutting edge technology in all aspects of practice and our diverse all-partner teams focus on what matters most to our clients and stakeholders, delivering outcomes through shared values of strength, diversity, and collaboration.

  • Forging Close Partnerships

    We believe in forging close partnerships with our clients to better understand their business operations, enabling us to provide more effective counsel and to deliver exceptional value during pivotal moments that often shape profoundly the trajectory and success of our clients’ businesses.

  • Effective Low-Leverage Platform

    Our unique low-leverage platform is not only more cost-effective, it allows us to focus on fewer, targeted engagements than our peers at traditional, elite law firms. This model allows us to get closer to our clients and to know their businesses, preferences, and cadence, and to ultimately meet our clients where they are.

Capabilities

Pierson Ferdinand has an innovative approach to sustainability, including in the energy sector, by staying up to date on the current market trends and being willing and able to adapt our approach quickly as the regulations evolve. Our legal experience includes work in corporate and capital markets finance, project finance, engineering, procurement and construction contracts, mergers and acquisitions of top players in the renewable energy space and power companies and project assets, renewables and energy sector specific litigation, joint ventures and all forms of ownership and project development agreements, including renewable energy projects, battery storage projects, nuclear assets, transmission projects and fossil fuel projects.

Our extensive experience in power, renewables and sustainability enables us to serve as trusted advisors to top companies in the US and internationally in litigation and transactional and strategic matters. Our wide range of capabilities includes the following:

POWER PROJECT DEVELOPMENT AND OWNERSHIP

We help clients analyze, plan and implement a wide range of project development and ownership structures, including joint developments, undivided ownership interests, joint ownership arrangements, including those upstream of the project company, holding company structures with shareholder, joint venture or limited liability company agreements among the various owners, as well as traditional joint ventures, partnerships and limited liability companies.

TAX CREDITS AND OTHER INCENTIVES

Our attorneys have substantial experience planning and structuring transactions in the energy sector, both domestically and internationally. A primary area of focus has been renewable energy and other sustainability projects, many of which have been structured to take advantage of tax credits, grants and other government incentives designed to spur investment and achieve renewable energy and sustainability goals. Our tax-related energy experience also includes the representation of energy-focused clients with industry-specific issues, both in the transactional and planning context, and in controversies, too. We have worked on developments, financings, refinancings, acquisitions and dispositions of energy projects and portfolios of all sizes in the U.S. and around the world. With our broad-based transactional experience, we have assisted numerous clients in evaluating, structuring and implementing novel transactions in the energy sector.

PROJECT FINANCE

Our partners have assisted clients in raising financing for project development and acquisitions on a world-wide basis, including non-recourse and limited recourse financing. Over the past several years, we have also worked with our clients and officials and lawyers at the Environmental Protection Agency and Department of Energy (DOE), and their counterparts in the private sector, in resolving several major legal impediments to the implementation of DOE's Loan Guarantee Program and Greenhouse Gas Reduction Fund Grants.

CORPORATE AND CAPITAL MARKETS FINANCE

Our partners have led corporate and capital market financings for some of the largest electric and gas utilities (and their holding companies) in the United States as well as independent developers. Our expertise includes registered and non-registered offerings of debt (secured and unsecured), equity, convertible and hybrid securities.

POWER PROJECT CONSTRUCTION AND POWER PURCHASE AGREEMENTS

Our attorneys regularly assist clients with structuring, drafting and negotiating a wide range of agreements relating to the development of power-generation projects. Our power project construction experience includes work for clients on projects of all fuel and technology types. Our experience and market knowledge enable us to help our clients create contract structures that meet the objectives for their projects. In addition to moving from turnkey EPC Contracts to integrated multi-prime contract structures, we are also skilled in customizing creative payment mechanisms that enable our clients to ensure maximum price efficiency from their project contractors. Our attorneys also have experience with power purchase agreements covering power generation facilities of all types, including natural gas, coal, and renewable resources.

RENEWABLES AND ENERGY SECTOR M&A

PierFerd’s attorneys have served as lead counsel for numerous mergers and acquisitions in the renewable space and the electric power industry, including both asset and stock deals and transactions involving electric generating plant assets sourcing their energy from solar, wind, hydrogen, natural gas, coal, and nuclear fission.

REAL ESTATE

PierFerd’s real estate attorneys represent project developers across the country in connection with their real estate matters for solar, wind, transmission and other power projects, including preparation and advice regarding options to purchase, options to lease, short form options and full leases, as well as fee simple title transfer, easement work, survey and title review and title policy and endorsement negotiations.

RENEWABLE ENERGY AND BATTERY ENERGY STORAGE

PierFerd attorneys have represented major players in the U.S. wind, solar and hydrogen energy sectors on a consistent basis, and have worked alongside clients in the battery energy storage sector. Our attorneys have a deep understanding of the key technology underlying wind and solar projects and the intricacies of the market for PV modules and turbines. This understanding enhances our ability to guide clients in decision making and structuring of project agreements.

LITIGATION

PierFerd attorneys understand the dynamic and intricate nature of the energy, renewables and sustainability sectors. Our dedicated renewables and energy litigation practice is at the forefront of legal innovation, providing strategic solutions to complex disputes in this rapidly evolving industry. Our attorneys possess extensive knowledge of the energy landscape, including regulatory changes, market pressures, and technological advancements. We handle a wide array of cases, from contract disputes to environmental litigation, with a focus on renewable energy projects. We are committed to delivering exceptional legal services, minimizing risks, and achieving favorable outcomes for our clients. Whether navigating complex litigation or offering preventative counsel, our team is equipped to support all facets of your renewable energy endeavors.