Renewable Energy

Morrison & Foerster’s team of energy and clean technology lawyers provides renewable energy clients with all they need to enable their projects to move forward. Our collaborative team of lawyers advises on financing and structuring U.S. and international renewable energy projects. We serve a broad range of investors, lenders, trade groups, governments, entrepreneurs, and sector leaders. Our work includes wind, solar, biofuels, geothermal, hydroelectric, ocean (wave and tidal), waste-to-energy, and energy efficiency.

We negotiate underlying power purchase agreements, construction contracts, operation and maintenance agreements, thermal host agreements, fuel supply agreements, wind leases and easements, and construction and permanent financing documents. We help clients site plants and work with local U.S. state, and national regulatory agencies to obtain permits and pass environmental review.

We advise on the regulatory environment in which projects will compete, including U.S. state renewable portfolio standards, resource adequacy requirements, procurement plans, and emissions performance standards. We help our international clients, including governments and agencies, successfully navigate complex regulations and energy transactions. We assist with relationships between independent power producers and marketers, the functioning of a competitive market to generate electric power, and deregulation and new regulatory frameworks for energy markets.

Our lawyers have subject matter experience in these sectors:

Wind energy

Morrison & Foerster has one of the nation’s leading practices devoted to the development and financing of wind power. Our lawyers have played a key role in the inception and development of the equity, debt, and capital markets for wind projects, representing many of the industry's leaders. We have successfully closed transactions of over thousands of megawatt (MW) in size throughout the U.S. efficiently and cost effectively, on behalf of developers, sponsors, lenders, and equity providers.

MoFo counsels on all aspects of wind energy development and finance, including tax structuring, project finance, and mergers and acquisitions. We have experience in negotiating and structuring power purchase agreements; wind turbine supply agreements and warranties (including project specific and frame agreements); interconnections and transmission; balance-of-plant engineering, procurement, and construction (EPC) contracts; land acquisition program; environmental compliance; purchase and sale of wind projects; project pipelines; and purchase and sale of wind development companies.

Other renewable energy sectors

  • Biofuels + biochemicals
  • Geothermal
  • Hydroelectric
  • Ocean (wave and tidal)
  • Waste-to-energy
  • Energy Storage

Solar energy

Morrison & Foerster provides solar industry clients with full-service representation led by veteran energy lawyers. We are the premier law firm for California’s burgeoning solar industry, advising the nation’s most promising solar companies on the most complex corporate, intellectual property, and project finance-related transactions and litigation. We advise companies on both photovoltaic (PV) and utility-scale solar thermal projects, in the United States and worldwide. We have deep experience in China, representing PRC-based solar companies in their acquisitions, financing, and investment activities.

Our lawyers work on environmental and energy regulation at the U.S. local, state, regional, national, and international levels. We are experienced in siting solar plants, obtaining permits and environmental review for facilities, and negotiating rooftop leases, solar facility sales agreements, and solar power purchase agreements with end-users. Our corporate and technology transactions lawyers team with litigators and patent counsel to help clients preserve and exploit the value of their core technologies.

We help clients with responses to Requests for Proposals from energy-serving entities (for both base-load and peak) and to negotiate power purchase agreements. We efficiently help clients to obtain interconnection and transmission for the energy output of their solar facilities.

We also help clients maximize financial benefits from the proper use of investment tax credits (federal, state, and regional) and Renewable Energy Certificates.

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