Renewable Energy & Sustainability

Today’s businesses are under increasing economic and social pressure to reduce their carbon footprint. The Renewable Energy and Sustainability Group at Chiesa Shahinian & Giantomasi 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, or operated pursuant to a power purchase agreement.

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, commercial litigation, 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 structuring and implementing renewable energy projects
  • Representing property owners and tenants structuring and implementing renewable energy projects using both first-party and third-party ownership models
  • Negotiation of: power purchase agreements; leases; licenses; engineering, procurement and construction agreements; operation and maintenance agreements; asset purchase agreements; membership interest purchase agreements; joint venture agreements; and agreements for the purchase and sale of renewable energy credits and other environmental attributes
  • Representing clients before the Board of Public Utilities
  • Assisting clients in obtaining New Jersey Department of Environmental Protection approval to build renewable energy projects on landfills and brownfields
  • Structuring and implementing financing vehicles for renewable energy projects for both lenders and borrowers
  • Assisting clients in both avoiding and conducting litigation related to renewable energy projects
  • Representing landlords and tenants in the negotiation of “green” leases
  • Advising property owners and tenants in developing sustainable business practices
  • Represents buyers and sellers of renewable energy projects

REPRESENTATIVE MATTERS

Among the numerous projects we have completed recently for clients are the following:
  • Represented a developer in negotiation of a power purchase agreement and site lease for a 6 MW net metered ground array with an educational institution
  • Represented an industrial building owner and operator in negotiation of a long-term rooftop license and power purchase agreement for a 1 MW rooftop array
  • Represented an industrial building owner and operator in negotiation of an engineering, procurement and construction agreement for the purchase and installation of a 680 kW roof mounted system
  • Represented a religious institution in negotiation of a power purchase agreement and roof lease for a 222 kW system
  • Represented a developer in negotiation of a master roof lease for eight separate rooftops to be used for solar installations
  • Represented a developer in negotiation of a power purchase agreement and rooftop lease for two systems with two separate non-profit organizations
  • Represented an industrial tenant in negotiation of an engineering, procurement and construction agreement for an 829 kW rooftop system
  • Represented a developer in negotiation of a rooftop lease and power purchase agreement for the installation of a system to service a residential condominium complex
  • Represented a shopping center owner in negotiation of a long-term lease and power purchase agreement for a 1.5 MW rooftop system in Massachusetts
  • Represented an institutional lender in structuring financing for construction of a 775 kW rooftop and parking lot canopy mounted solar array
  • Represented a developer in the due diligence and purchase of three separate fully approved grid supply solar projects totaling 8 MW
  • Represented a land owner in negotiation of power purchase agreement and lease for a 7.2 MW net metered array
  • Represented a developer in structuring a 1.2 MW solar energy project in Westchester County, NY
  • Represented a developer in negotiation of power purchase agreement for 7.2 MW solar project with a municipal utility authority
  • Represented a developer in the purchase of a 2 MW grid supply project in Massachusetts
  • Represented a solar developer in the structuring, financing and implementation of a 6 MW solar project on a municipal land fill pursuant to New Jersey's Local Redevelopment and Housing Law and New Jersey's Local Bond Law. The general electricity by the project is being use by the municipality and the project was financed with Bond Anticipation Notes and 15 year Municipal General Obligation Bonds
Currently, we are involved in the following transactions:
  • Representing a 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
  • Represented a solar developer in becoming a licensed third-party electric supplier for the sale of solar electricity generated on a municipal landfill
  • Represented a solar developer in the purchase of multiple grid supply solar projects totaling more than 15 MW
  • Represented a private school in the negotiation of a power purchase agreement for a net metered solar project
  • Representing an owner of a closed landfill in negotiation of a long-term ground lease for the development of a 15 MW solar project