Renewable Energy Projects on Tribal Lands: Regulatory Authority, Development, Financing Structures

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Energy
- event Date
Tuesday, June 29, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide renewable energy and utility counsel guidance on developing and financing renewable energy projects on tribal lands. The speakers will discuss the development and operation of renewable energy projects on tribal lands, federal and state regulatory authority, infrastructure, and financing structures.
Faculty

Mr. Szalay is a partner in the Environment, Land, and Natural Resources group in the Seattle office. He assists a broad range of clients, including public entities, utilities, small businesses, and large corporations, in developing compliance strategies to solve complex problems. Mr. Szalay's practice focuses on compliance counseling under the full suite of environmental statutes, with an emphasis on the Clean Water Act (CWA); National Environmental Policy Act (NEPA) and state equivalents; Endangered Species Act (ESA); and the Comprehensive, Environmental Response, Compensation and Liability Act (CERCLA) and state equivalents.

Mr. Mayer's practice focuses on environmental, energy, and utility law and regulation, and American Indian law. He helps public and private clients navigate federal and state environmental cleanup and land use laws and regulations, including Superfund laws and environmental policy acts. Mr. Mayer also advises clients on federal and state energy laws and regulations, including utility regulatory and public policy issues, related to, among other things, the development, acquisition, and optimization of energy and energy efficiency resources.
Description
Developers and investors are focusing on the development of renewable projects on tribal lands for tribal communities and corporate off-takers, among others. Developing renewable energy projects on tribal land may require compliance with federal, state, and/or tribal laws and regulations.
Tribal lands across the United States offer an abundance of potential renewable energy resources. To make the most of these resources for tribal and non-tribal parties alike, developers, operators, and investors must consider how best to navigate the regulatory framework applicable to tribal lands and the potential deal structures, including investment agreements, leases, and other investment and contractual structures and incentives.
Listen as our speakers provide an overview of the potential opportunities to contribute to and be involved in the development of renewable energy projects on tribal lands, including jurisdictional considerations, investment and development opportunities, and access, routing, and permitting.
Outline
- The current state of renewable energy development on tribal lands
- Regulatory authority
- Tribal jurisdiction
- Federal, state, and local jurisdiction
- Investment and financing arrangements
- Development and operational considerations
- Tribal ownership
- Non-tribal ownership
- Leases
- Deal structure
- Electrification
- Best practices for counsel and operators
Benefits
The panel will review these and other key issues:
- What are the current considerations for the development and regulation of renewable energy projects on tribal lands?
- Who has jurisdiction over projects on tribal lands?
- What must be done to successfully site, permit, and develop the projects?
- What financing options and deal structures are available and what are the key considerations for investors?
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