PRACTICES

Renewable Energy & Corporate Sustainability Group

The landscapes of clean energy and corporate sustainability are in constant development and fluctuation and can be overwhelming to navigate and integrate into business plans. Our experienced attorneys are at the forefront of developments in the renewable energy and corporate sustainability space, and are experienced in successfully implementing renewable energy and sustainability objectives.

The McNees Renewable Energy & Corporate Sustainability (“RECS”) Team is an inter-disciplinary collaboration of attorneys and specialists from our Energy & Environmental, Real Estate, Corporate & Tax, Public Finance & Government Services, Construction, and State & Local
Tax Groups.

The RECS Team has represented industrial and institutional energy consumers, city governments, municipal utilities, and solar developers. Our Representative Experience reveals the depth of our capabilities.

Representative Experience

Energy Procurement; Energy Regulatory

  • Developing and executing renewable energy purchasing strategies, including both physical and virtual renewable power purchase agreements, for industrial and institutional clients, including global manufacturers, health care facilities, higher education institutions, and large commercial facilities
  • Providing counsel on Investment Tax Credit and Production Tax Credit issues associated with renewable project development
  • Providing advice on the development, interconnection, integration, operation, and regulatory compliance of combined heat and power (CHP) and other facilities that qualify as Qualifying Facilities under the Public Utility Regulatory Policies Act (PURPA)
  • Advising cities, municipalities, and municipal utilities on solar project initiatives and solar development matters
  • Advising solar developers on interconnection issues and non-retail behind the meter generation strategies
  • Assisting energy consumers with qualification of renewable energy credits in various states
  • Representing renewable generation owners in securing reactive revenue requirements through the Federal Energy Regulatory Commission
  • Developing contracting documents to realize innovative business models to support renewable energy development

Zoning & Land Development

  • Conducting Government and Public Relations activities including fostering relationships with local officials, hosting outreach meetings with project neighbors and the public, and negotiating host community agreements
  • Analyzing local ordinances that govern the design and permitting of renewable energy projects
  • Drafting amendments to zoning regulations to create regulatory accommodations aligned with industry expectations
  • Preparing zoning applications for special exception or conditional use approval for projects
  • Supporting developers through the public hearing process, including preparing witnesses and testimony, and addressing public concerns
  • Addressing stormwater management permitting process and assisting with compliance on wetlands, habitat, and wildlife issues
  • Negotiating development, financial security, and road usage agreements
  • Providing federal and state regulatory guidance on threatened and endangered species approvals and wetland and stormwater permits for a multitude of solar projects, including utility-scale projects and wind projects

Sustainability and Greenhouse Gas (GHG) Reporting and Compliance

  • Developing and assisting with implementation of corporate sustainability programs for manufacturing facilities and other large energy consumers
    – Including developing zero-waste and waste-reduction programs, recycling initiatives, worker ergonomic initiatives, and carbon footprint reduction initiatives
    – Including counseling on all environmental regulatory compliance and permitting matters for implementing sustainable programs
  • Assisting with agreements and compliance obligations associated with Green-e certification
  • Assisting with U.S. Environmental Protection Agency Scope 1 and Scope 2 reporting and compliance
  • Assisting with state-specific renewable energy credit (REC) registration, accounting, and compliance

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