Concerns 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 Chambers Alternative Energy & Power 2023 Guide features 33 jurisdictions and provides the latest legal information on the structure and ownership of the power industry; supply and pricing; climate change laws and alternative energy; and regulations regarding electricity generation, transmission and distribution.Read More
Ultimately, 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 Programs
Phillips 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.