Guy C. Smith 612.335.1762e-mail| vCard
Stinson Leonard Street’s Renewable Energy Practice attorneys have experience with virtually every segment of the renewable energy industry—wind, solar, biomass, biofuels, and hydro—including matters that concern policy, state and federal regulation, financing, intellectual property, environmental, transactions and litigation. We understand the developing energy markets and how the assets underlying those markets are developed and operated, with respect to both traditional and renewable energy resources.
Our clients include independent power producers, electric cooperative generation and transmission utilities, investor-owned electric utilities, public power agencies and electric utilities, private equity, venture capital firms, refineries, ethanol plants, cement kilns, design and construction contractors, developers, entrepreneurs, project investors, financial institutions and state agencies. Stinson Leonard Street’s interdisciplinary Renewable Energy Practice has earned national recognition by Legal Media group. Wind Stinson Leonard Street’s wind energy representation comprises a good deal of the group’s client base in the renewables area. Our wind energy attorneys understand the legal complexities of building, operating and managing successful wind energy projects. Our team has significant experience representing wind industry participants and the entities that finance them, particularly in the formation, development, financing and construction phases of large-scale wind projects, as well as the purchase and sale of energy. Working closely with our real estate, environmental and corporate law teams, our attorneys help wind developers handle site assessment, permitting, transmission, regulatory compliance with government agencies, construction, design, power sale agreements, operations and maintenance, asset purchase and sale, and finance. We also assist clients in matters that commonly arise at various stages of wind project development such as intellectual property and environmental matters. Our wind energy clients include Fortune 500 companies, private equity and venture capital firms, strategic investors, public entities, utilities and wind turbine manufacturers throughout the United States. The various practice teams within our firm work together to provide tailored interdisciplinary representation that matches the needs of our clients in this industry. We are familiar with and able to draw on our highly skilled network of related industry professionals. From cooperation with regulatory staff to communicating effectively with key government decision makers, one of our most important functions is helping clients make the right human connections for their projects. In addition, our attorneys are often requested to speak at national wind industry conferences, and most recently have presented at the 6th Wind Energy & Power Markets Conference in Westminster, Colorado; the Wind Energy and Power Markets Fundamentals Conference in Denver, Colorado; and the 8th Wind Energy & Power Markets Conference in Denver, Colorado. We are regularly asked to present on the Federal Regulatory aspects of developing and operating wind projects, including interconnection issues, market-based rate authority and ownership structuring issues. We have: negotiated power purchase agreements and joint development agreements on behalf of wind developers, including a recent power purchase agreement for a 240-MW wind farm in Texas; represented clients that developed wind facilities and subsequently sold such projects through asset and equity sales; represented a national wind energy company in post-construction financing transactions associated with two wind farms in North and South Dakota totaling more than 100-MW; represented Wind Capital Group in connection with its $350 million, 201-MW Post Rock Wind Energy Project in Kansas as local real estate counsel in its construction loan, term loan financing, and letter of credit facility; acted as lead counsel in connection with obtaining approval of Westar’s agreement for a 20-year wind generation power agreement and reviewing permits related to endangered species for Prairie Wind, a joint venture involving a 180-mile electric transmission line to transport wind-generated energy; represented a wind developer in a joint venture connected with an offshore wind project on Lake Michigan; represented a joint venture comprised of a wind developer and solar developer that is developing approximately 600-MW of hybrid wind/solar projects in Texas, with such representation encompassing all aspects of the development of the projects; including lease and easement negotiations, interconnection agreements, equipment and construction arrangements, tax credit structuring matters, financing and divestiture; assisted wind energy project developers address generator interconnection and queue issues in the Midwest ISO, ERCOT, and other regional transmission operators and have negotiated Large Generator Interconnection Agreements on behalf of such developers; assisted clients with compliance with federal regulations associated with qualifying facilities, exempt wholesale generators, and market-based rate authority; helped to evaluate incentives for wind energy production in several states, including community energy programs and tax and production incentives, as well as incentives from the federal government; represented a national wind energy company in all aspects of project development, including representation in certificate of need and permitting proceedings, as well as land use and real estate issues; served as lender's local real estate counsel for the acquisition of a 165.6-MW wind farm in southwest Kansas by Nextera Energy Resources; and served as lead real estate counsel for a major utility company in connection with a $500 million wind energy project on a 20,000-acre parcel of land across multiple counties in western Kansas. Solar Stinson Leonard Street’s attorneys have extensive experience representing industry participants and financing sources in the formation, development and operation of solar projects, including environmental and energy regulatory, transactional, real estate and corporate legal issues. We have: served as outside general counsel for U.S. solar module manufacturer, with representation encompassing all corporate, financing and transactional legal matters; drafted and negotiated solar letters of intent, leases and easements, interconnection agreements, equipment purchase and construction contracts and purchase power agreements; advised client on formation of investment fund for the purpose of providing sponsor equity to commercial scale (< 2.5-MW) solar power projects; represented solar investment fund in connection with investments in commercial scale solar energy projects advised solar project developers on development issues associated with development and subsequent “shovel ready” sale of various utility scale photovoltaic solar projects, including projects in Hawaii (5-MW) and Massachusetts (6.5-MW); advised solar project developers on tax credit and related matters; advised solar project owners on operational matters and financing matters; advised clients on legal issues in connection with the acquisition, development, financing, construction, ownership and operation of commercial scale solar projects; advised client in the negotiation and drafting of operative agreements for a Missouri solar farm; drafted and negotiated solar letters of intent and purchase power agreements; advised clients on issues arising under FERC's large and small generator interconnection agreements and procedures guidelines, as well as state issues relating to the interconnection of renewable energy projects to the electric grid; lobbied tax writing committees in the U.S. House and Senate on issues including permanent production tax credits for solar energy clients; advised clients on establishment of various international joint ventures for the development of solar power projects in various countries, including India and the Dominican Republic; and advised clients on intellectual property matters such as preparing patent applications relating to silicon ingots for solar applications and silicon ingots pulling techniques. Biomass Stinson Leonard Street attorneys have experience in all aspects of biomass projects, including ownership structuring, site assessment, permitting, regulatory compliance with government agencies, construction, design, feedstock purchase arrangements, power sale agreements, operations and maintenance, disposition of renewable energy attributes (including renewable energy certificates), asset purchase and sale, leasing and sub-leasing arrangements, tax credits and other incentives, grant applications, and project financing. We have represented: a client in a $3 million Series B preferred stock investment in a biomass development company; a client in a joint venture for conversion of a cogeneration plant to a biomass facility, including the negotiation of a limited liability company agreement, the obtainment of release of assets under credit facility, and the transfer of assets from existing partnership to joint venture. an engineering and construction firm in connection with a 100-MW biomass- fired power plant project to be constructed in Texas, including contract work for the design, supply and delivery of a steam turbine generator as well as for the engineering, design and supply of a bubbling fluidized bed boiler and associated equipment, as well as the engineering/procurement/construction contract for the facility; a power income fund in its equity investment in a company that is developing a pipeline of biomass projects in the Southeast, including power purchase agreement and fuel supply due diligence; a developer in its efforts to acquire a California 18-MW biomass plant, shut down since the late 1990s, and repower it using various types of wood waste—our representation has included all aspects of acquisition and development, including negotiation of the purchase agreement and related ground lease, analysis of production tax credits, investment tax credits and grants available under existing regulations and under the American Reinvestment and Recovery Act, and advice with respect to power purchase agreements, permitting, interconnection and equity or debt financing; a joint venture in the early stage development of a 50-MW biomass project in Minnesota; a Wisconsin Native American Tribal enterprise in its evaluation of a biomass project as part of its lumber mill operations; a commercial dairy operator developing an anaerobic-digester project with respect to debt financing, grant applications, the power purchase agreement, tax matters, equipment contracts and regulatory compliance; a client that is re-developing livestock production operations in a tribal area with respect to debt and equity financing, leasing and sub-leasing arrangements, regulatory and environmental compliance, grant applications and renewable-energy strategies; and a municipal power agency in its development, tax credit financing, construction and interconnection of a 7.5-MW biomass digester to electricity project. Biofuels Stinson Leonard Street’s team has been a longtime trusted partner and advisor to leaders in the biofuels industry and its stakeholders—producers, project coordinators, builders, lenders, marketers, commodity suppliers, equipment manufacturers, investors, agricultural cooperatives, federal and state regulatory agencies, local counsel and biofuels production plants in connection with numerous cleantech and renewable energy matters. We provide a full spectrum of legal services and pragmatic and creative solutions to our clients’ unique legal needs and business challenges. Our attorneys have provided counsel not only on capital structures, financing, and corporate governance matters, but also the negotiation of supplier, marketing and transportation agreements, environmental matters, tax compliance and labor relations. With our joint venture structuring, technology, construction, real estate, land use, water, transportation, environmental concerns, and regulatory matters related to fuel transportation and transmission, in addition to other energy regulations, we help clients manage their most critical legal and business needs. We have: coordinated numerous strategic venture capital transactions (typically coupling an equity investment in a biofuels company with intellectual property development agreements and various commercial agreements); represented clients as creditors in bankruptcy matters; represented prospective purchasers of assets held by bankrupt producers and suppliers; negotiated and documented contractual agreements relating to the purchase and sale of ethanol, biodiesel, and distillers grains; ethanol plants, including corn origination; ethanol and biodiesel marketing and merchandising; acquired biofuels assets and developed joint ventures with biofuels companies, ethanol plants, and grain handling facilities, including purchasing assets held by bankrupt producers and suppliers; served as securities counsel in connection with private placement construction of an ethanol plant; been lead counsel in the formation of Lansing Ethanol Services, LLC, a joint venture between Lansing Trade Group, LLC and a subsidiary of Macquarie Bank Limited (Australia) created to provide ethanol marketing services for ethanol producers, trade physical ethanol, and develop synergies between a leading commodity-focused financial institution and a progressive trading company; served as outside general counsel to a major biofuels marketing organization; been lead counsel in structuring exchange sale of biogas for industrial boiler firing; been lead counsel in acquisition and permitting of grain elevators for projects key to commodity delivery for biofuels production; negotiated and documented risk management contracts, such as ethanol and biodiesel marketing/merchandising agreements; been lead counsel in negotiating and documenting a joint venture involving a grain handling facility and an ethanol plant; advised project developer in the development, construction and operation of a landfill gas to pipeline quality natural gas processing facility, including in connection with the long-term biogas processing agreement and project-related construction contracts; negotiated oil pipeline transportation agreements, tariffs, ethanol tariffs, and leases; and represented clients in the negotiation and drafting of operative agreements for renewable energy projects, including a Missouri solar farm and various biofuel projects involving landfill gas, methane extraction from wastewater treatment facilities, and dairy farms. Hydro Stinson Leonard Street attorneys also have helped clients obtain and maintain regulatory authorization to construct and operate hydroelectric facilities. We have: represented state agencies in hydroelectric proceedings before FERC involving relicensing, transfer to licenses, pumped-storage, preference power issues and the division of state and federal jurisdiction concerning projects in the Northeast; and reviewed and developed Environmental Assessments and Final Environmental Impact Statements (FEIS), as well as the enforcement of conditions involving compliance with state permits.
Our clients include independent power producers, electric cooperative generation and transmission utilities, investor-owned electric utilities, public power agencies and electric utilities, private equity, venture capital firms, refineries, ethanol plants, cement kilns, design and construction contractors, developers, entrepreneurs, project investors, financial institutions and state agencies.
Stinson Leonard Street’s interdisciplinary Renewable Energy Practice has earned national recognition by Legal Media group.
Stinson Leonard Street’s wind energy representation comprises a good deal of the group’s client base in the renewables area. Our wind energy attorneys understand the legal complexities of building, operating and managing successful wind energy projects. Our team has significant experience representing wind industry participants and the entities that finance them, particularly in the formation, development, financing and construction phases of large-scale wind projects, as well as the purchase and sale of energy. Working closely with our real estate, environmental and corporate law teams, our attorneys help wind developers handle site assessment, permitting, transmission, regulatory compliance with government agencies, construction, design, power sale agreements, operations and maintenance, asset purchase and sale, and finance. We also assist clients in matters that commonly arise at various stages of wind project development such as intellectual property and environmental matters.
Our wind energy clients include Fortune 500 companies, private equity and venture capital firms, strategic investors, public entities, utilities and wind turbine manufacturers throughout the United States.
The various practice teams within our firm work together to provide tailored interdisciplinary representation that matches the needs of our clients in this industry. We are familiar with and able to draw on our highly skilled network of related industry professionals. From cooperation with regulatory staff to communicating effectively with key government decision makers, one of our most important functions is helping clients make the right human connections for their projects.
In addition, our attorneys are often requested to speak at national wind industry conferences, and most recently have presented at the 6th Wind Energy & Power Markets Conference in Westminster, Colorado; the Wind Energy and Power Markets Fundamentals Conference in Denver, Colorado; and the 8th Wind Energy & Power Markets Conference in Denver, Colorado. We are regularly asked to present on the Federal Regulatory aspects of developing and operating wind projects, including interconnection issues, market-based rate authority and ownership structuring issues.
We have:
Stinson Leonard Street’s attorneys have extensive experience representing industry participants and financing sources in the formation, development and operation of solar projects, including environmental and energy regulatory, transactional, real estate and corporate legal issues. We have:
Stinson Leonard Street attorneys have experience in all aspects of biomass projects, including ownership structuring, site assessment, permitting, regulatory compliance with government agencies, construction, design, feedstock purchase arrangements, power sale agreements, operations and maintenance, disposition of renewable energy attributes (including renewable energy certificates), asset purchase and sale, leasing and sub-leasing arrangements, tax credits and other incentives, grant applications, and project financing.
We have represented:
Stinson Leonard Street’s team has been a longtime trusted partner and advisor to leaders in the biofuels industry and its stakeholders—producers, project coordinators, builders, lenders, marketers, commodity suppliers, equipment manufacturers, investors, agricultural cooperatives, federal and state regulatory agencies, local counsel and biofuels production plants in connection with numerous cleantech and renewable energy matters.
We provide a full spectrum of legal services and pragmatic and creative solutions to our clients’ unique legal needs and business challenges. Our attorneys have provided counsel not only on capital structures, financing, and corporate governance matters, but also the negotiation of supplier, marketing and transportation agreements, environmental matters, tax compliance and labor relations. With our joint venture structuring, technology, construction, real estate, land use, water, transportation, environmental concerns, and regulatory matters related to fuel transportation and transmission, in addition to other energy regulations, we help clients manage their most critical legal and business needs.
Stinson Leonard Street attorneys also have helped clients obtain and maintain regulatory authorization to construct and operate hydroelectric facilities. We have: