Cooley's Clean Energy & Technologies group incorporates one of the leading wind energy practices in the United States. The team has extensive experience in counseling clients through all phases of the wind energy development and finance process.
Green Field Development
Our services include comprehensive permit management, the securing of site control through options, leases and real property purchases, turbine acquisition and BOP contracting, the drafting and negotiation of power purchase agreements, interconnection agreements, operations and maintenance agreements, environmental attribute sales agreements, and assistance with the full range of ownership and financing documentation. The group has one of the leading tax equity monetization practices in the field.
Acquisitions
We have been involved in a number of the signal project and company acquisitions and sales transactions in the wind energy sector. Our group excels at counseling clients through all phases of both the single asset and pipeline acquisition or sale process, from due diligence to drafting, negotiation and closing. We have particular expertise in structuring joint venture arrangements where the existing management of a wind energy development company brings in a strategic or financial partner to scale the business and build out an existing development pipeline. Structuring transactions of this type can be particularly challenging, given the need to protect the legitimate interests of both parties in various management and monetization scenarios while at the same time creating a positive dynamic between the parties that will carry over into the successful development of the recapitalized company.
Turbine Procurement
Cooley attorneys have developed a cutting edge practice in the area of wind turbine procurement, focusing on frame supply and single project purchases which allow unprecedented optionality and utilization flexibility to turbine purchasers. Our team has been involved with the acquisition of over 2,000 MW of wind turbines and has extensive experience with most of the international suppliers, including Siemens, Vestas, GE, Gamesa, Suzlon and Mitsubishi.
Our wind energy transactional lawyers are supported by attorneys from other practice groups in the firm with a depth of knowledge in all areas of relevance to wind energy development and finance, including the following:
Regulatory Support
Cooley's environmental lawyers provide guidance to our clients in the full range of environmental and regulatory issues, including critical advice regarding permitting issues unique to wind energy projects. We have one of the leading turnkey project permitting practices in the United States.
Real Estate
Cooley's real estate group handles real estate and land use issues involved with project development, as well as due diligence for acquisitions. We are highly experienced with the option, easement and lease structures typical of wind energy development and have prepared model lease agreements for a number of clients.
Tax
There can be considerable federal and state tax incentives associated with owning wind energy facilities. Our tax lawyers counsel clients on how best to plan for and utilize these tax benefits, with a particular focus on monetization transactions that bring equity investors together with wind projects in development. The Cooley team is also available to help our wind clients structure their businesses in a tax-efficient manner and prepare for future growth and capital infusion.
Representative Transactions
Cooley represents many of the major wind energy development companies in the United States. Representative transactions of our wind energy team include the following:
- U.S. Developer – acquisition and development of over 2,100 MW of wind energy development assets in the Mid-Atlantic and Northeastern regions of United States; development activities related to such projects.
- U.S. Developer – acquisition of 2,000+ MW of wind energy turbines from multiple manufacturers.
- U.S. Developer – negotiation of joint-venture with major financial investor to support development of 1,000+ MW wind energy portfolio and related wind turbine acquisitions.
- U.S. Developer – acquisition and development of 200 MW wind energy generation facility in Texas.
- U.S. Developer – negotiation of joint-venture with leading coal company for development of multiple potential wind farm sites in Pennsylvania.
- U.S. Developer – acquisition of development rights to wind energy generation facility in Montana.
- U.S. Developer – acquisition of development rights to wind energy generation facility in Oregon.
- U.S. Developer – power purchase agreement for 48.3 MW of energy and RECs from wind energy generation facility located in Minnesota.
- U.S. Developer – back-to-back power purchase agreements for the purchase and resale of up to approximately 200 MW of energy and RECs from/to wind energy generation facility located in Illinois.
- U.S. Developer – power purchase agreement for 34.5 MW of energy and RECs from wind energy generation facility located in Pennsylvania.
- U.S. Developer – power purchase agreement for 102 MW of energy and RECs from wind energy generation facility located in Pennsylvania.
- U.S. Developer – development of a wind energy generation facility in Missouri.
- U.S. Developer – development of forms of Power Purchase Agreement for Buyer and Seller.
- U.S. Developer – assistance with preparation of NYSERDA bid.
- U.S. Developer – assistance with preparation of NYPA bid.
- U.S. Developer – assistance with preparation of AEP bid.
- U.S. Developer – development of offshore Atlantic wind energy generation facility.
- U.S. Developer – development work associated with 200 MW wind energy generation facility located on Native American tribal land in South Dakota.
- Tribal Entity – representation of South Dakota Native American tribal entity in connection with proposed wind energy development on tribal lands.
- Tribal Entity – representation of California Native American tribal entity in connection with proposed wind energy development on tribal lands.
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