Renewable Energy and Sustainability

Today’s businesses are under increasing economic and social pressure to reduce their carbon footprint. The Renewable Energy and Sustainability Group at Wolff & Samson works with clients to achieve this goal. Our attorneys counsel clients seeking to replace their fossil fuel consumption with sources of renewable energy, as well as those seeking to implement sustainable business practices. The Group also represents providers of these energy sources and systems, whether such systems are sold or leased to the end user.

The Renewable Energy and Sustainability Group draws upon our attorneys’ extensive experience and knowledge in the complementary fields of real estate, corporate, tax and environmental law, and regulatory affairs. Our broad-based practice assists our diverse client base in taking advantage of tax and regulatory incentives to implement the latest technology in socially responsible and economically rewarding ways.

Our attorneys provide counseling and advice on a wide range of renewable energy and sustainability issues, including:

Representing investors and alternative energy providers in negotiating power purchase agreements and leases for the installation of the underlying systems
Representing property owners and tenants in the installation and operation of photovoltaic solar energy systems, through both system purchase agreements and power purchase agreements
Representing landlords and tenants in the negotiation of “green” leases
Advising property owners and tenants in developing sustainable business practices
Advising developers and property owners in achieving certification by the Leadership in Energy and Environmental Design (LEED) Green Building Rating System

REPRESENTATIVE MATTERS

Among the numerous projects we have completed recently for clients are the following:

Represented developer in negotiation of a power purchase agreement and site lease for a 6 MW net metered ground array with an educational institution
Represented industrial building owner and operator in negotiation of a long term roof top license and power purchase agreement for a 1 MW rooftop array
Represented industrial building owner and operator in negotiation of an engineering, procurement and construction contract for the purchase and installation of a 680 kW roof mounted system
Represented religious institution in negotiation of a power purchase agreement and roof lease for a 222 kW system
Represented developer in negotiation of a master roof lease for eight separate rooftops to be used for solar installations
Represented developer in negotiation of a power purchase agreement and rooftop lease for two systems with two separate non-profit organizations
Represented industrial tenant in negotiation of an engineering, procurement and construction contract for an 829 kW rooftop system
Represented developer in negotiation of a rooftop lease and power purchase agreement for the installation of a system to service a residential condominium complex

Currently, we are involved in the following transactions:

Representing shopping center owner in negotiation of a long term lease and power purchase agreement for a 1.5 MW rooftop system in Massachusetts
Representing building owner in negotiating a joint venture agreement with a solar integrator for the procurement, installation, ownership and operation of a 2.5 MW utility grade rooftop system
Representing institutional lender in financing construction of a 775 kW rooftop and parking lot canopy mounted solar array
Representing developer in the due diligence and purchase of three separate fully approved grid supply solar farms totaling 8 MW
Representing land owner in negotiation of power purchase agreement for 7.2 MW net metered array
Representing owner of closed landfill in negotiation of long term ground lease for the development of a 15 MW solar farm
Representing developer in structuring a 1.2 MW solar energy project in Westchester County, NY
Representing developer in negotiation of power purchase agreement for 7.2 MW municipal project

Renewable Energy and Sustainability

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