Well before the current global focus on developing sustainable energy sources, Hunton actively engaged in assisting clients in developing alternative and renewable energy projects. Since the 1980s, we have represented developers and investors in biomass, geothermal, hydroelectric, landfill gas, solar, wind, and other innovative projects in the United States and around the world, offering a multidisciplinary approach and broad experience in financing, tax, environmental and land use, FERC and energy regulation, project development, and real estate, for seamless representation across the life of an energy project.

Our strong cross-practice renewable energy and clean power team helps clients with the financing, structuring, tax strategies, and regulatory approval of global renewable energy projects. From financial services institutions, to project developers and lenders, to export credit agencies, to regulated utilities and IPPs, to off-takers, to governments and other project participants throughout Africa, Asia, Latin America, and the United States, we work closely with our clients—from initial conception, negotiation, and preparation of project documents and structuring project financing agreements, through siting, permitting, closing, and funding. We provide trusted counsel at every step, as clients seek to achieve strategic renewable energy and clean power business objectives.

Our services include the following:

Biomass

We represent investors, lenders, developers, operators, and other industry participants in connection with open-loop and closed-loop biomass projects—including stand-alone biomass-fueled power plants, powerhouses located at pulp and paper mills, and conversion of coal-fired plants to biomass—in the United States and abroad. We advise on the construction, financing, and operation of biomass projects, and the sale of the power they generate. We have been active in all facets of biomass facility development, including advice pertaining to Section 45 tax credits for the production of electricity from open-loop and closed-loop biomass projects and Section 1603 Treasury grants in lieu of tax credits.

Geothermal

With extensive worldwide experience in geothermal projects, we understand that geothermal energy offers significant potential to deliver clean, reliable, and locally produced base-load power for developed and emerging market countries, but also carries a higher risk profile than many other renewable and traditional energy options because of the high cost of validating resources through exploration and confirmation drilling. We are keenly aware of the unique challenges facing governments, developers, investors, and other participants involved in geothermal energy projects and work closely with clients in both the public and private sectors to identify and develop unique risk mitigation strategies and cost-benefit analyses for geothermal power projects.

Hydro

Our team has advised sovereign governments, utilities, developers, private equity funds, and lenders on hydroelectric power projects located across the United States and globally. Our wide-ranging experience in hydroelectric power project development and financing includes both this work and almost a century of representation of US electric utility companies. We structure and negotiate equity and debt financing for domestic and international hydroelectric power projects; represent power project developers and sponsors, as well as international banks and other lenders, in syndicated credit transactions and structured financings; and have served as counsel in projects that utilized financing and other programs provided by the US Ex-Im Bank, OPIC, the World Bank, MIGA, the IFC, IDB, and other governmental and multinational export credit, risk insurance, and lending agencies.

Landfill Gas

We have experience in landfill gas transactions throughout the United States—performing due diligence and providing regulatory, tax, and project financing advice—including transactions that qualify for Section 45 tax credits or Section 1603 cash grants. We guide clients through vulnerability assessments, legal contingency plans, and emergency planning associated with landfill gas facilities and offer environmental advice pertaining to facility siting and operation, permitting, rulemaking, compliance, and enforcement. We also handle creating and analyzing structures for the purchase of facilities and the commercial arrangements for the projects, negotiating landfill gas rights agreements, leases, environmental indemnity agreements, and agreements for the purchase and sale of landfill gas for use in electric generation, industrial burner-tip applications, and gas pipeline distribution.

Solar

Hunton’s solar practice lawyers have broad experience advising clients in the financing, structuring, construction, development, and operation of solar energy projects, investments, and transactions. We represent investors, lenders, developers, and contractors in connection with solar projects throughout the world, ranging from ground-mounted utility-scale projects through portfolios of roof-mounted residential systems.

Sustainability and Corporate

Sustainability and clean power initiatives are at the forefront for a growing number of corporations and investors. Along with the opportunities created by these initiatives—including positive publicity and goodwill, tax benefits, and the ability in some cases to lock in electricity prices over a long term—corporations entering clean power transactions or embarking upon sustainability initiatives are faced with a new suite of complex legal issues. Our dedicated, cross-disciplinary team counsels corporations and investors on: clean power procurement; green bonds and similar clean power financing and investment transactions; development of sustainable facilities, including data centers; tax equity investments; joint ventures with renewable energy companies; securities law compliance; renewable energy certificate (REC) trading; project permitting and real estate; and environmental law compliance.

Wind

Offering a full range of experience in financing, tax, environmental, project development, and real estate, we strategically advise investors, lenders, utilities, sponsors, developers, and other industry participants in all facets of wind transactions in the United States and internationally. We navigate all aspects of finance, construction, leasing, and permitting; negotiate project and off-take agreements; and focus on tax-efficient structures to monetize existing projects and develop new facilities that optimize tax benefits across the globe.