Energy and Utility Projects on Tribal Lands: Regulations, Financing, and Transaction Considerations

Mr. Lord is the Managing Director of CapIron, Inc., a firm he founded in late 2011, to provide advisory and consulting services to customers, owners, developers, utilities, suppliers, installers and distributors covering the full range of value-add in renewable energy and energy efficiency. Typical assignments focus on helping owners and managers extract higher value add from existing assets and business operations, including structuring, negotiating and executing financings, as well as resolve challenging legal, business and financing issues. His recent experience includes working closely with a Native American Tribe exploring the creation of a 100% Tribally owned IPP. The work includes identification of Utility-scale project opportunities, using economic modeling tools to assess projects and risk factors, preparing and submitting competitive bid packages, lining up potential EPC, PPA and Financing options, and negotiating with Project sellers, vendors, specialized consultants and U.S. Government agencies, all to support the Tribe’s business goals and objectives. For the last thirty years, Mr. Lord has served as an attorney and business manager with demonstrated success handling mission-critical responsibilities as a member of senior management in companies ranging from mature Fortune 500 to early-stage and growth companies. His industry experience spans renewable and traditional energy, as well as technology and manufacturing. Mr. Lord is a dynamic and innovative problem solver skilled at working with, and motivating, cross-functional teams, a persuasive presenter, and experienced negotiator. He has a proven ability to deploy and manage resources to meet critical schedule and budget constraints. Over the course of his career, Mr. Lord has been involved in over $5 billion of transactions. 

As a member of the Lippes Mathias Indian Law Practice Team, Mr. Shade concentrates his practice on advising tribal clients on issues ranging from gaming and economic development to self-governance and self-determination, and claims settlement and litigation. He is an experienced federal Indian law attorney who has represented tribes and Indian Country in a variety of roles on both sides of the federal-tribal table. Mr. Shade is currently with the DC office of Lippes Mathias LLP, and formerly served as an attorney/advisor for Indian Affairs at the Department of the Interior where he advised the Assistant Secretary – Indian Affairs, the Deputy Assistant Secretaries for Indian Affairs for Management, Policy, and Economic Development, Director, Bureau of Indian Affairs, and the Office of Tribal Self-Governance on various issues relating to the federal trust responsibility to Tribal Nations.

Mr. Shavitz is the Team Leader of the firm’s Environment and Energy Practice Team, and has more than 20 years of experience counseling and advocating for clients on environmental and land use issues associated with developing large-scale infrastructure, energy, and commercial projects; securing federal, state and local governmental permits and approvals; advising sellers, purchasers, lenders, and investors on environmental issues associated with corporate, real estate and energy transactions; and advocating for favorable policy decisions and legislation before Congress. His clients have included corporations, municipalities, developers, investors, state and local governments, private equity funds, and Indian tribes. Mr. Shavitz’s practice is national in scope, he has particular expertise advising clients on projects, transactions and legal issues in New York State, where he has practiced for his entire career, and on federal issues in Washington, D.C. Prior to joining Lippes Mathias, he practiced law at Akin Gump Strauss Hauer & Feld LLP in Washington, D.C., in the Environmental and Public Law and Policy practice groups.