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Clean Energy & Sustainability

Davis Graham & Stubbs LLPโ€™s Clean Energy & Sustainability Group helps clients navigate the legal landscape of clean energy options and sustainability guidelines designed to promote a healthier future for people and the planet.

Clean Energy

DGS attorneys have broad experience in assisting clients with clean energy projects from start to finish, including project financing, project siting and permitting, and contractual agreements. These projects encompass green and renewable energy, including wind, solar, geothermal, green hydrogen, and biomass, as well as other forms of zero-emissions energy sources, namely renewable natural gas, hydrogen, and e-mobility. DGS attorneys are also well-versed in the legal issues surrounding renewable energy storage and carbon capture, use, and sequestration.

Our multidisciplinary approach and geographic proximity to many of the regionโ€™s leading renewable energy ventures make DGS uniquely situated to help our clients plan, finance, permit, construct, operate, and expand their operations and businesses in the clean energy sector.

The firmโ€™s capabilities related to clean energy include:

  • Advising on project financing, including non-recourse bankruptcy-remote special purpose entity formations and structures, loan agreements, and operating agreements.
  • Providing regulatory opinions to lenders and developers.
  • Assisting with project site acquisitions, including drafting leases, navigating complex title issues, and negotiating and obtaining necessary easements, options, rights, and licenses.
  • Securing rights-of-way and leases for projects on federal and tribal lands and advising on associated compliance with federal environmental, historic preservation, and wildlife laws.
  • Counseling on state and local permitting requirements on state and private lands, including local land use requirements.
  • Arranging contractual risk mitigation measures through engineering, procurement, and construction contracts, operations and maintenance contracts, vendor warranty agreements, master service agreements, insurance, and tax equity partnership arrangements.
  • Representing clients in proceedings before the Colorado Public Utilities Commission.
  • Drafting interconnection agreements and offtake contracts.
  • Counseling clients on income, property, and sales and use tax incentives.
  • Briefing clients on legislative developments and new opportunities.
  • Negotiating franchise agreements, supply agreements, solar subscription agreements, power purchase agreements, and grid interconnection and transmission contracts.
  • Advising on the acquisition and divestiture of developed and operating renewable energy projects.

Sustainability

DGS is skilled at assisting companies committed to advancing the 2030 UN Sustainable Development Agenda in a way that also makes good business sense. Our lawyers advise clients on ESG, sustainability indicators and tracking, carbon tax markets, green building and LEED certification, and Superfund site cleanups, among other topics. As a full-service business law firm, we are well-positioned to provide sound and strategic counsel to both developers and regulators.

DGS Clean Energy Newsletters

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News & Events

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The Superfund Program Goes Green โ€“ Part I

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Recent Wildlife Developments Affecting Clean Energy

In the last few months, the U.S. Fish and Wildlife Service (USFWS) initiated a variety of regulatory efforts that may...

BLM Announces Competitive Lease Sales for Clean Energy on Public Lands

The Bureau of Land Management (the โ€œBLMโ€) recently announced competitive lease sales for solar and geothermal development on public lands...

CEQ Proposes First Phase of Revisions to NEPA Regulations

On October 7, 2021, the Council on Environmental Quality (CEQ) published proposed revisions to the regulations implementing the National Environmental...

U.S. Fish & Wildlife Service Reinstates Interpretation of MBTA Prohibiting Incidental Take and Initiates Rulemaking for Permitting Process

On September 29, 2021, the U.S. Fish and Wildlife Service (USFWS) released a final rule (โ€œFinal Ruleโ€) that revoked a...

Pore Space Ownership and Carbon Capture, Use & Sequestration Projects

More than ever before, companies are seeking to reduce their carbon emissions into the atmosphere. One solution that energy developers...

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