Originally published in The American Lawyer, November
2011
Renewable energy projects differ from traditional power
generation facilities. Wind farms, for example, can be spread over
thousands of acres of land and across multiple county and local
jurisdictions, and most renewable projects are dependent on federal
and local incentive programs.
As renewable energy becomes a more popular choice, energy
attorneys will find themselves engaged in negotiating transactions
between investors, purchasers and developers. A key part of such
transactions is the due-diligence phase.
Investors and purchasers of a project want to ensure there will
be no unexpected surprises, and owners of the project want to prove
their project really is as good as advertised. An energy law
attorney can assist all of these groups as they work toward an
agreement. The following are issues that attorneys should keep in
mind when performing diligence on a renewable energy development
project.
