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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Energy

Date & Time
  • event Date

    Tuesday, June 21, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE course will provide renewable energy counsel guidance on the legal agreements that are used to establish site control for renewable energy projects and managing the challenges of competing land rights for renewable energy projects. The panel will discuss the siting and development of renewable facilities on land subject to minerals, timber, farming, and other activities, as well as provide critical insight and techniques to avoid conflicting interests and minimize potential liability.

Faculty

Christopher J. Hall
Managing Member
Atencio Hall, PLLP

Mr. Hall concentrates his practice in the Oil and Gas and Renewable Energy industries counseling energy clients on title and property development, transactions and regulatory matters. His practice focuses on supporting the siting and development of energy generation projects, and the acquisition, sale or trade of assets, with an emphasis on title examination and curative, property development rights, ongoing operational matters, contractual and regulatory issues, transactional due diligence, and litigation support. Mr. Hall has extensive transactional experience related to energy contract matters including lease and easement agreements, purchase and sale agreements, and other industry-specific operation and maintenance related agreements.

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Bruce F. Rudoy
Shareholder
Babst Calland Clements & Zomnir, PC

Mr. Rudoy is a shareholder and co-chair of Babst Calland’s Energy and Natural Resources and Renewables groups and Land and Energy Title Department. He concentrates his practice in the areas of Oil and Gas, Renewable Energy, and the associated business transactions, corporate and real estate law. Mr. Rudoy counsels various clients on title, transaction and regulatory matters. Those matters are diverse and include title issues and opinions, purchase and sale of assets and equity, due diligence examination and analysis. Transactional matters related to energy contract matters include Joint Ventures, Farm-Outs and Farm-Ins, Power Purchase Agreements, Equipment Supply Agreements, EPC Contracts, Offtake Agreements, leases and licensing, secured lending, and litigation related to all of the foregoing. He is also a member of the Firm’s board of directors.

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Description

Generally, renewable energy projects must secure long-term site control rights via purchase, or more commonly, under leases or easements that ensure control of the land for all necessary project uses, access, and flexibility for project modifications. However, renewable facilities on land with competing land use activities that are not subject to the developer's site control agreement can present serious issues that may result in the removal or destruction of the facility, depending on various circumstances, and the inability to finance the project.

Renewable energy counsel must identify potential land rights and title issues, anticipate issues stemming from competing interests, establish the scope of rights and property under any site lease, easement, or right-of-way, and resolve such title problems and other real property matters.

Listen as our panel discusses these challenges and provides critical insight and techniques to identify constraints, avoid or resolve conflicting interests, cure title issues, and minimize potential liability.

Outline

  1. Siting renewable energy projects and documenting site control
  2. Identifying and navigating title issues and competing land use rights
  3. Resolving title and competing land use issues
  4. Other property and land issues and best practices for counsel

Benefits

The panel will review these and other important issues:

  • What are the key considerations for the siting and development of renewable projects on land subject to other uses, and what types of sites are most suitable?
  • What are the key considerations in negotiating and drafting agreements securing land rights?
  • What are the challenges and risks associated with competing land use rights and methods to overcome them?
  • What title roadblocks may arise and what are the best techniques to avoid them?
  • What other issues arise regarding competing land rights and what are best practices for counsel?