Innovative technology now creates new opportunities for companies that seek to improve energy efficiency or the resiliency of the power grid. Thriving in this new field requires not only the right technology, but also the ability to leverage that technology to optimize opportunities.
Venable provides strategic counsel to companies in all stages of development (ranging from entrepreneurs to Fortune 500 institutions) and to businesses focused on the wide array of technologies that are a part of the energy efficiency sector (ranging from nano and smart grid technologies to energy extraction, alternative fuel, and remediation and cleanup).
Our work includes helping clients attain both legal compliance and savings by conducting environmental management and energy audits and advising on pollution prevention practices. Our ability to draw on a variety of experiences and to maneuver within government agencies is ideally suited to navigating the issues involved in energy savings performance contracts (ESPCs). The negotiation of such contracts requires counsel knowledgeable in numerous disciplines, including financing and grant funding, real property and lease issues, environmental law, construction, technology, and government contracts law. Venable also represents energy savings companies in structuring ESPC deals with federal and state agencies, disputes over calculation of guaranteed savings, and the termination of ESPC projects.
Venable assists many clients with product registrations from the Environmental Protection Agency (EPA), including ENERGY STAR designations, compliance with Department of Energy energy efficiency testing and certification, and approvals by other agencies, such as the Food and Drug Administration.
Frequently, our energy practitioners partner with attorneys in related firm practices to protect and enforce intellectual property rights; provide counsel on all manner of agreements (including license, supply, finance, and distribution agreements); and advise on partnering arrangements, whether structured as an outsourcing arrangement, joint venture, merger, or other acquisition. We also can assist clients with understanding and qualifying for tax incentives for energy efficiency efforts.
In addition, Venable assists energy clients with ensuring that electric grids are secure physically and electronically. We have experience in assisting in the development of microgrid technologies to protect vital infrastructure in the event of a blackout. We also have extensive experience in cybersecurity compliance issues and work to ensure that energy clients fully meet standards to protect their assets.