In renewable energy law, Phillips Lytle guides clients from design to profitability through interactions with regulators, financiers & community groups.
Contact UsConcerns about climate change, grid reliability, cost, energy independence and financial incentives, as well as consumer and governmental pressure to generate more energy from renewable sources, are all creating exceptional opportunities for renewable energy providers, developers and investors.
We represent clients across the entire energy spectrum on energy-related matters. Our work in the energy sector includes:
The continued evolution of renewable energy in the United States has been driven by federal and state incentives, including tax credits and grants that promote the construction of renewable energy facilities. The State of New York is on the cutting edge of green energy trends with aggressive renewable energy policies, including the Climate Leadership and Community Protection Act (CLCPA), the Clean Energy Standard, the Reforming the Energy Vision initiative and the $1 billion NY-Sun solar initiative. For example, by 2050, state renewable energy portfolio standards are projected to provide support for 76,750 megawatts (MW) of new, renewable energy generation in the United States.
This commitment to increase renewable energy sources, combined with inevitable increases in demand, provides stakeholders who develop, build, manage and invest in renewable energy projects and related infrastructure with new possibilities for growth. The increased interest in the renewable energy sector has also increased the need for skilled attorneys who focus on renewable energy law. Phillips Lytle has the experience and resources necessary to move opportunities forward.
The new Power Generation, Transmission and Distribution 2024 guide features 25 jurisdictions and provides the latest legal information on the structure and ownership of the power industry; supply and pricing; and regulations regarding electricity generation, transmission and distribution.
Read MoreUltimately, the road from design to profitability is long and includes interactions with regulators, financiers, partners and community groups. Phillips Lytle smartly guides our clients through these interactions with minimal delay.
Our attorneys have forged strong ties with many of the influential decision makers in the public and private sectors, including legislative, regulatory and political figures, to ensure deadlines are successfully met. Each team has an identified lead Energy and Renewables attorney who coordinates all team activities to ensure matters are handled in a cost-effective manner.
When necessary, our Energy and Renewable attorneys collaborate with our Corporate and Business Law, Banking and Financial Services, and Environmental Law attorneys, and work closely with the firm’s leading Litigation Team to protect clients’ interests. Our comprehensive approach to project management has produced significant results for many clients.
Our firm assists clients with Federal Energy Regulatory Commission (FERC), New York Independent System Operator (ISO) and New York State Public Service Commission (PSC) issues, as well as local zoning and other ordinances. We have close working relationships with key officials, including senior-level engineers, permit administrators, regional attorneys and regional directors. We also assist stakeholders who want to capitalize on renewable energy incentives.
Inflation Reduction Act (IRA) Incentives ProgramsPhillips Lytle assists manufacturers—both domestic and foreign—with navigating the rapidly changing criteria to obtain, or strategically benefit from, the IRA’s tax, loan and grant incentives. We work with our renewable energy clients to maximize their benefit by ensuring compliance with the IRA’s complex requirements for enhanced investment and production tax credits. We also advise foreign manufacturers and suppliers on reshoring operations and compliance with IRA requirements for their customers’ benefit.
Phillips Lytle has unique experience assisting developers and investors with land use, zoning and environmental approvals; power purchase agreements; and financing for solar and wind projects on brownfields and landfills in New York. We have expertise in multiple disciplines, including energy, environmental and zoning to obtain unprecedented speed-to-market completion for our clients.
Phillips Lytle helps clients capitalize on the most advantageous mix of local, state and federal incentives available for development projects. As a Red Book firm in public finance, we also offer counseling in all aspects of bond issues and other public finance transactions. As our firm has a dedicated Banking and Financial Services Team, we have a long-established reputation as a premier banking law firm with clients including major financial institutions involved in lending to energy-related projects. In fact, we were involved in one of the first transactions with NY Green Bank. In addition, the team has drafted and negotiated numerous Payment in Lieu of Taxes (PILOT) agreements associated with solar and wind projects and related advice regarding the New York Real Property Tax Law 487 tax exemption.
Phillips Lytle works with stakeholders to complete their projects on time and on budget. We deliver unmatched knowledge about statewide, regional and local regulations and zoning ordinances to our clients—ensuring a project’s speed-to-market. We understand the environmental standards that must be met, and we know how to work effectively with the groups that may issue resistance.
We are recognized for our leading Land Use, Permitting and Zoning Practice. Our attorneys assist a variety of clients from local business owners and developers to Fortune 500 companies with special, restricted and conditional use permits; site plan reviews; area and use variances; and rezoning. Our attorneys have participated in hundreds of environmental impact reviews pursuant to the State Environmental Quality Review Act (SEQRA). In fact, our firm has been recognized by Chambers USA for Excellence in Environmental Law for 11 consecutive years.
Over the years, we have facilitated numerous high-profile development projects. We’ve obtained government approvals and permits for hundreds of energy initiatives, including wind and solar facilities, as well as manufacturing plant expansions, telecommunications facilities, major infrastructure projects, residential projects, office buildings and retail operations, many of which were the subject of significant community opposition.
In addition to assisting stakeholders with traditional and renewable energy projects, our Energy and Renewables attorneys assist numerous ESCOs with a broad range of matters, including PSC and utility regulatory and compliance issues, commercial and corporate matters, utility disputes and state investigations.
Our Energy and Renewables attorneys have represented various clients on issues related to contracts and power purchase agreements, including structuring, negotiating and executing transactions. Some specific examples include:
Phillips Lytle Energy and Renewables attorneys have worked on the defense of various enforcement proceedings and investigations, including Public Service Commission Order to Show Cause and Notice of Apparent Failure actions threatening license revocation, New York State attorney general investigations, and New York State Department of State enforcement proceedings.
Discover how our skilled team provides guidance and representation to clients facing legal challenges tied to renewable energy and regulatory matters.
Biomass is another area emerging as a key player in the renewable energy marketplace. Phillips Lytle is working with stakeholders involved in biomass projects across New York State to facilitate the siting, financing and development of multiple biomass projects. Our clients include developers, investors, lenders, biomass suppliers and offtake purchasers.
A well-recognized expert in the energy field and highly sought-after lecturer on a variety of topics across the U.S., Dennis Elsenbeck, head of energy and sustainability with Phillips Lytle Energy Consulting Services, works with our team and our clients on a broad range of energy-related opportunities and strategies encompassing a forward view of supply, distribution and demand options.
Learn MoreWe have represented major stakeholders in the relicensing of the New York Power Authority’s 2300 MW Niagara Power Project, where we handled negotiations and drafted the settlement documents and related FERC filings and proceedings. We have also represented project developers in their acquisition of FERC-jurisdictional hydropower assets.
The Phillips Lytle Energy and Renewables Team has direct Public Service Commission regulatory experience with an existing, fully operational microgrid, and our attorneys have extensive knowledge of New York State’s unique “lightened” regulatory approach that created one of the largest microgrids in the United States.
Phillips Lytle advises clients on the complex nature of regulatory framework which governs energy projects throughout New York State and beyond. Our Energy and Renewables Team regularly represents clients with matters under the Office of Renewable Energy Siting, Public Service Law Article 10 and Article VII. We also call upon our experienced litigation attorneys when needed to address disputes and other issues tied to renewable energy regulations.
Learn MoreSolar energy, the most abundant and cleanest of available renewable energy sources, has unquestionably encountered boom times. Phillips Lytle has worked with clients in a variety of solar-related projects across New York, from Long Island to the Buffalo-Niagara region.
Phillips Lytle Energy and Renewables attorneys have extensive experience assisting clients with solar lease drafting and negotiations. We also assist a number of our energy clients with title matters related to their leasing and development projects. In this area, Phillips Lytle leverages its extensive leasing and real estate practices.
Learn MorePhillips Lytle works with developers and economic development agencies on wind energy projects, including land use, regulatory and environmental matters. The Phillips Lytle Energy and Renewables Team was instrumental in the first-ever wind project built on an urban brownfield site.
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