Wind Energy

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The Hodgson Russ Wind Energy Practice Group provides comprehensive legal services to municipalities, developers, lenders, land owners, permitting agencies, development agencies, suppliers, manufacturers, contractors, and investors in the wind energy generation field.

Composed of attorneys from across our full-service law firm, our multidisciplinary Wind Energy Practice Group has the breadth and depth of experience in all key practice areas — including environmental, real estate, finance, tax, construction, insurance, corporate, and litigation — to provide coordinated and informed counsel through all phases of the project life cycle, from inception through completion and operation.

Hodgson Russ lawyers assist in strategic planning for projects, including the evaluation of renewable portfolio standards, the potential for sale of renewable energy credits, and other benefits.

We guide communities and developers through the zoning and permitting process on the local, state, and federal levels, including drafting local legislation. We negotiate payment-in-lieu-of-taxes (PILOT) agreements, host community agreements, community benefit agreements, road use, and other agreements with host communities.

Our attorneys assist in the environmental review process and in compliance with the National Environmental Policy Act and state environmental review acts. We advise on the Clean Water Act, Endangered Species Act, Migratory Bird Treaty Act, National Historic Preservation Act, and other federal regulations impacting the wind industry.

We assist developers and lenders in the financing of wind energy park developments, including reviewing financing documents and issuing required legal opinions. Hodgson Russ has previously participated in numerous financing transactions, including a wind energy financing deal that was named North American Renewables Deal of the Year by the Project Finance magazine, Renewables Deal of the Year by Infrastructure Journal, and Environmental Deal of the Year in the Americas by Project Finance International.

Hodgson Russ assists developers and landowners in the drafting, execution, and enforcement of lease and easement agreements necessary to achieve wind-stream protection and comply with noise and property-line setback requirements. Our real estate attorneys also assist with title insurance and survey issues, property disputes, environmental site evaluation and risk analysis, and right-of-way acquisition.

Hodgson Russ’s tax group includes federal and state practitioners who can advise on the full range of tax issues, including production tax credits, Section 45/48 elections under the American Recovery and Reinvestment Act, real property tax issues, and sales tax issues. We also provide assistance on structuring cross-border transactions and operations that are tax efficient.

Our construction law practitioners regularly assist on the drafting of contracts for construction of large-scale facilities.

Hodgson Russ’s litigation team has handled all phases of litigation involving wind farm development, from the tax on underlying local legislation through defense of environmental reviews, permitting decisions, and enforcement of construction contracts.

Our insurance coverage team can advise on all types of policies, including those unique to the wind industry, to address risks arising during development, construction, and operation.

We help establish corporate entities, joint ventures, and partnerships and their governing documents, depending on the unique needs of each client’s business plan. We perform transactional due diligence, including document review and regulatory and commercial risk evaluation, for all sizes of contracts and investments.

Our lawyers regularly evaluate licensing agreements, supply and logistics contracts, equipment leases, operation and maintenance agreements, and equipment warranties to advise on contract terms and evaluate potential risks.