We work with renewable energy developers and producers throughout the process to facilitate distribution, generation and transmission projects and to minimize the impact on environmental resources and surrounding communities. We have experience in representing both local and national renewable energy developers in both Rhode Island and Massachusetts, and on some of the largest and complex renewable energy projects in New England.
Our wealth of knowledge and expertise permitting projects gives us unique insights into the expectations and sensitivities of local, state and federal officials, and an ability to strategically navigate the complex regulatory and approval process. When permits are necessary, our attorneys have a proven track record of securing the necessary approvals critical to the economic success of a project, including land use permits as well as major environmental, coastal and energy approvals. We leverage our longstanding relationships with local, state and federal agencies to identify and resolve the inevitable issues that arise during the development process.
We represent clients in all aspects of renewable energy development projects, including structuring and negotiating solar/wind leases, PILOT agreements, interconnection service agreements, and net metering financing agreements/power purchase agreements. We also have extensive experience representing and advising renewable energy developers and lending institutions on the financing aspects of large scale renewable energy projects. For renewable energy developers, this includes all aspects of the development, financing and siting of renewable energy facilities including those on or near superfund sites and landfills.
Attorneys in our Energy Practice Group have also represented renewable energy developers before local, state and federal agencies including but not limited to the Rhode Island Public Utilities Commission and Massachusetts Department of Public Utilities in all aspects of the development and siting of solar and wind facilities including interconnection issues.
General Representative Transactions
- Extensive experience handling a diverse range of complex energy and environmental matters including enforcement, regulatory and compliance issues, renewable energy projects, real estate development, environmental remediation including brownfields, coastal permitting and waterfront development projects.
- Represented renewable energy developers and developers in Rhode Island before the Department of Environmental Management, Coastal Resources Management Council as well as local zoning and planning boards to obtain approvals and permits.
- Represented renewable energy developers before Rhode Island Public Utilities Commission and Massachusetts Public Utilities Commission in all aspects of the development and siting of solar projects, transmission projects and onshore and offshore wind facilities including not limited to interconnection issues.
- Represented renewable energy developers in Massachusetts and Rhode Island before zoning and planning boards, conservation commissions and town/city councils for permitting and approval of large scale solar projects.
- Represented renewable energy developers in Massachusetts and Rhode Island in the purchase of sites, the structuring and negotiation of solar leases, PILOT agreements, interconnection service agreements and net metering financing agreements/power purchase agreements.
- Represent non-profit corporations and municipalities with management of their renewable energy portfolios including drafting and negotiating power purchase agreements, lease agreements and request for proposals.
Specific Representative Transactions
- Successfully negotiated on behalf of renewable energy developer a Solar Power Agreement with PRP Group, Rhode Island Department of Environmental Management and U.S. Environmental Protection Agency to site solar project on former Superfund Landfill Site.
- Successfully obtained approval from the U.S. Environmental Protection Agency and Rhode Island Department of Environmental Management, on behalf of a national solar developer, to develop a large scale solar farm adjacent to a former superfund site.
- Successfully represented the Block Island Utility District in its purchase of the Block Island Power Company in 2019 and provided counsel regarding the establishment of this new quasi-public non- profit utility.
- Represented Providence Gas Company before the Rhode Island Energy Facility Siting Board in obtaining approval for and siting of a Liquefied Natural Gas facility in The City of Newport.
- Obtained property tax relief arising out of Providence Gas Company’s challenge to The City of Providence’s property tax assessment regarding the company’s lines and mains.
- Represented Providence Gas Company before the Rhode Island Division of Public Utilities in several dockets involving costs associated with street openings and repaving.
- Successfully argued a number of the major land use cases in the Rhode Island Supreme Court, including cases involving the scope of a municipality’s jurisdiction as it relates to coastal waters, major property tax and zoning issues, and the scope of municipal redevelopment agencies’ authority.
- Represented Pawtucket Power, Tiverton Power and Dartmouth Power in a number of forums relating to permitting, tax issues, and enforcement of rights under Power Purchase Agreements and contractual efficiency guarantees.
- Represented the Public Utility Commission with regard to a major rate case focused on the decoupling of transportation of natural gas from commodity charges.
- Successfully represented municipality in a court challenge to its authority to impose a moratorium on solar developments to permit the municipality to complete its impact analysis and amend its zoning ordinance to address identified issues.
- Successfully represented national transportation network company before the Division of Public Utilities to obtain approval of application to operate in Rhode Island.