Venable recognizes and understands the issues confronting developers of wind, solar, hydroelectric, biomass, and other renewable energy sources. By combining decades of traditional energy industry experience with working knowledge of the leading edge of renewable and alternative energy law, we offer extensive experience in all facets of development.
We represent renewable energy project developers, merchant generators and transmission companies, marketers, investor-owned utilities, trade associations, and consumers in all aspects of renewable projects, including before the Federal Energy Regulatory Commission (FERC) and various state public utility and public service commissions throughout the United States. Clients include energy producers in the solar, natural gas, waste-to-energy, biofuel, hydroelectric, ocean energy, and fuel cell sectors. We also provide energy regulatory advice for the development, financing, and operations of energy storage projects and related interconnection facilities and market products.
Our energy team comprises attorneys from multiple practice areas within our firm, including regulatory compliance, environmental, contracts and licensing, litigation, intellectual property, zoning and land use, and business.
Every project with issues relating to energy efficiency or renewable resources provides financial opportunities. Venable is able to guide and assist clients in understanding and qualifying for energy tax incentives and credits, including tax incentives for renewable energy production.
Regulatory Compliance and Policy
We have extensive experience representing and assisting clients with a myriad of issues, including project siting and permitting, FERC policies and procedures for interconnecting new generation, smart technology for transmission, transactional matters, congressional lobbying, regulatory compliance, solar leases, due diligence in acquiring wind farms and hydroelectric generating facilities, corporate governance, power storage, environmental impact review and permitting, natural resource protection (e.g., species, wetlands, and cultural resources), metering, regulatory, state and local tax planning advice, and grants for geothermal installations under Section 1603 of the American Recovery and Reinvestment Act of 2009.
Contracts and Licensing
Our attorneys are well versed in negotiating power purchase agreements (PPAs) for renewable energy installations, cogeneration project agreements, corporate due diligence, development of protocols for deployment of alternative energy sources, regulatory due diligence, commercial contracting for joint ventures, customer care and smart meters, collaboration agreements, technology acquisition, contract drafting and reviews, acquisitions with private landowners, interruptible energy contracts, and outsourced human resource contracts.
Litigation
Venable's energy team has considerable experience in litigation, including administrative litigation before state and federal energy regulatory commissions and related appellate actions. In addition, our attorneys counsel clients on labor and employment, patent infringement, state public utility commission proceedings, and shareholder disputes. We have represented clients in complex administrative litigation cases before such agencies as the FERC, the Federal Trade Commission (FTC), and federal and state permitting authorities (and federal and state courts in related appellate actions).
Intellectual Property
Venable represents energy clients in patent, trademark, copyright, unfair competition, trade dress, and domain name litigation in federal and state courts throughout the United States, as well as before the U.S. Court of Appeals for the Federal Circuit, other federal circuits, and the U.S. Supreme Court. Led by former patent examiners and reinforced by attorney-scientists from a variety of technical disciplines, Venable also prepares and prosecutes patent applications for U.S. and international clients, including in such new areas such as solar cells and related materials, fuel cells and batteries, wind generation devices and components, green energy, and biofuels.
Zoning, Land Use, and Real Estate
Our clients benefit from our knowledge, experience, and working relationships in real estate, which are essential to successful zoning and land use. The scope of our work includes land use approvals, siting of renewable energy resources, acquisition due diligence, and lease negotiations. Our zoning and land use attorneys are located in major jurisdictions, including the District of Columbia, Maryland, New York City, Northern Virginia, and Northern and Southern California.
Business Strategy
We represent a diverse client group in strategic business matters. Our attorneys assist clients with corporate formation, state and local tax planning, corporate due diligence, United States Pension Protection Act negotiations, Employee Retirement Income Security Act issues, and eligibility requirements for renewable tax incentives.
Practice Focus
- Transactions
- Regulatory proceedings
- Litigation
- Legislative and regulatory strategy
- Renewable and alternative energy
Industry Focus
- Aviation and transportation
- Consumers and producers of
- crude oil
- traditional and renewable electricity
- natural gas
- petroleum products
- Crude oil and refined products pipelines
- Distribution and generation of electricity
- Municipal governments
- Natural gas pipelines
- Power generation
- Renewable energy developers –biomass, geothermal, hydro, solar, wind
- Shippers, including refiners and marketing companies
- Transportation and storage of crude oil, natural gas, and petroleum products
- Utility companies