Solar Energy

Solar is one of the fastest-growing sources of energy in the market today, and our lawyers have been part of emerging and developed markets alike, advising project developers, owners, operators, panel manufacturers, energy storage providers, tax equity investors, financial institutions, public power authorities, interconnecting utilities and host offtakers. We represent clients involved in all steps of the solar energy value chain – from the production, sale and distribution of silane, solar-grade silicon and wafers, and solar cells and modules, to the development, financing and transacting of large-scale commercial generation solar power plants. We have been engaged in the financing of some of the largest solar projects in the U.S., in syndication or warehouse transactions in which multiple solar projects are financed with the help of capital markets, and in assisting our green bank clients to support efficient delivery of capital.

We are equally conversant in distributed generation projects on residential rooftops, commercial facilities and utility-scale solar farms interconnected directly to the wholesale power grid. Our work on behalf of solar energy clients covers every aspect of solar project development and operations, both in the U.S. and internationally, including general transactional work, corporate finance, project finance, U.S. government financing and procurement, domestic and international tax advice and structuring, joint ventures, mergers and acquisitions, and due diligence. Our solar energy attorneys also provide counseling on capital market and public company matters, insurance, employment law matters, environmental, export and trade issues, antitrust, intellectual property, real estate, product liability, corporate compliance, investigation, litigation, sales and distribution, research and development, and power and supply issues. We also advise clients on energy regulatory issues, including matters involving the Federal Energy Regulatory Commission (FERC), Independent System Operators (ISO), state tariffs and interconnections with utilities.

Representative Matters

The lawyers on Holland & Knight's Solar Energy Team have advised clients in some of the largest solar projects throughout the U.S. on matters ranging from power purchase agreement (PPA) negotiations and development bank project finance, to permitting, construction agreements and complex interconnections that require skilled, innovative counsel and numerous regulatory approvals, and ultimately on the purchase and sale of projects and operating energy assets.

Project Development and Acquisition

• Representing a client in the development of what was the largest solar photovoltaic (PV) array in North America with regard to the syndication of related energy tax credits and sale of renewable energy certificates
• Representing a large utility and solar developer in permitting issues for acquisition of a solar project in Northern California
• Representing a large project developer in a joint venture with one of the largest infrastructure banks in the world to jointly develop and sell a large portfolio of solar energy projects around the U.S.
• Representing a large California solar developer for a 50-plus-megawatt (MW), utility-scale solar PV project on the Navajo Nation in Arizona
• Representing the developer of an approximately 200-MW project in the Electric Reliability Council of Texas (ERCOT) in its sale to a large independent power producer
• Advising a New England-based entity in the acquisition, development, operation and financing of more than 200 MW of projects in the Eastern U.S. and Texas
• Representing numerous energy storage companies in solar and storage development
• Representing a California nonprofit solar developer in the development of a five- to 10-MW solar PV projects for low-income residential communities
• Representing a developer in the sale of a portfolio of early-stage projects in the Northeastern U.S.
• Advising a leading solar module manufacturer in the sale of nearly 100 MW of solar panels for U.S. military installations
• Advising a Midwest-based solar generation contractor and developer on commercial arrangements with host building owners for large-scale installations of solar PV arrays for net metering projects
• Representing a major equipment supplier on a proposed 290-MW, heliostatic-concentrated solar thermal project
• Representing a California investor-owned utility in due diligence and federal advocacy for a utility-scale solar thermal plant in the Mojave Desert, including work regarding military base conflicts, leasing and policy issues with the Bureau of Land Management, endangered species, and National Environmental Policy Act issues
• Representing utility-scale solar developers for due diligence and environmental permitting of solar PV farm projects, including siting due diligence on local code requirements, California Environmental Quality Act, Clean Water Act, species protection laws, water supply and entitlements in California's Central Valley
• Representing a project developer and sponsor of a 17-MW solar farm in Latin America in a development bank debt project finance transaction and subsequent sale to investors
• Representing an independent power producer of a 17-MW distributed generation solar PV project serving a large-scale theme park in the Mid-Atlantic region
• Advising a residential real estate developer in Washington, D.C., on several rooftop solar project transactions
• Advising an international shipping company on the development of a distributed generation solar PV project in New Jersey, including the negotiation of a power purchase agreement (PPA) and suite of other project contracts (such as engineering, procurement and construction or EPC agreement, operations and maintenance or O&M agreement, lease, among others) and regulatory filings
• Advising an independent power producer of multiple large-scale solar projects in New Jersey on regulatory matters, including the applicability of New Jersey's net metering rules to complex commercial property transactions

Power Purchase Agreements (PPA)

• Representing a project developer in PPA and construction project agreement reviews in support of 100 MW of solar installations on military housing units at various military bases in the Mid-Atlantic region
• Representing a power authority in the negotiation of PPA and related agreements for the development of two solar photovoltaic (PV) projects (18 MW and 32 MW) and development of associated interconnection facilities
• Representing a California energy storage company in the negotiation of an offtake agreement with an investor-owned utility for solar plus storage project
• Representing several Massachusetts industrial customers in evaluating bids and contracting for more than 100 MW of solar PV generation projects under net metering credit arrangements
• Representing the U.S. affiliate of a Chinese solar panel manufacturer in a residential solar system leasing program
• Assisting a real estate investment trust (REIT) as a distributed generation offtaker in multiple PPA transactions at commercial developments
• Assisting a power authority in the development of feed-in tariff program documents to support multiple procurements of solar PV projects
• Representing financial institutions, healthcare institutions and commercial entities in the negotiation of virtual power purchase agreements with wind and solar projects

Financing and Regulatory

• Representing a developer in the financing of solar photovoltaic (PV) facilities installed on the roofs of a national department store chain, including the syndication of related solar energy credits
• Representing a developer in multiple tax credit syndication funds, including a fund containing 20 solar PV projects of various sizes located throughout the U.S.
• Representing the nation's first green bank in the financing of various solar projects
• Representing a California-based developer in two transactions, each with a different tax equity investor, for the financing and implementation of residential solar system leasing programs in California, Oregon and Arizona
• Assisting a major U.S. bank in the development of documents for its commercial and industrial (C&I) solar leasing program
• Assisting an asset manager in bidding net-metered solar projects, solar plus storage projects and stand-alone energy storage projects as wholesale capacity in competitive wholesale markets operated by an Independent System Operator (ISO)

Litigation/Dispute Resolution

• Assisting an engineering, procurement and construction (EPC) contractor in solar photovoltaic (PV) project construction and dispute resolution on multiple project sites, as well as facilitating a global settlement
• Advising an offtaker client in a dispute with an EPC contractor concerning contract compliance and project performance issues