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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

    Wednesday, February 23, 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.

$347.00
CLE
ALL

This CLE course will provide renewable energy counsel guidance on the key provisions, challenges, and differences of long-term real estate agreements for solar, wind, and energy storage projects. The panel will discuss critical terms and negotiation points for leases, easements, and other contracts, key differences for certain types of renewable energy projects, issues, and risks based on the use of land, natural resources, and other activities, as well as provide critical insight and techniques to avoid conflicting interests and minimize potential liability.

Faculty

Theresa Marie Carroll
Counsel
Norton Rose Fulbright, LLP

Ms. Carroll represents clean energy developers with respect to real estate, finance, contract negotiation, and other matters. She advises on utility-scale wind, solar, and storage projects regarding long term ground lease provisions, site control and related real estate, title insurance, and general corporate matters. Prior to joining Clean Law, Ms. Carroll worked for industry-leading law firms servicing insurance companies. She has robust insurance coverage experience, having represented clients on a variety of complex issues involving primary and excess general liability, first party property, third party casualty, and bad faith claims. A former litigator, Ms. Carroll has litigated insurance coverage and commercial disputes in federal and state courts across the country.

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Daniel M. Engler
Partner
Cox Castle & Nicholson LLP

Mr. Engler is a real estate transactional attorney who represents clients in the buying, selling, leasing, and development of real estate across a range of industries including residential, commercial, mixed-use, health care, and renewable energy. He is known for providing smart, business-oriented advice and helps clients solve problems and close transactions quickly and efficiently.

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Description

Creative business structures and supportive legislation have increased developers' interest in acquiring land rights in private and public property for renewable energy projects. Acquiring land rights via a lease, license, or easement presents challenges depending on the type of energy project and its intended use of land, natural resources, and other activities.

Critical issues in structuring and negotiating real estate agreements (i.e., leases, easements, licenses, etc.) for renewables include site choice, payments, structure and term, insurance, maintenance, repairs, access, system removal, and lender rights.

In addition, developing and operating renewable energy projects on certain land can run afoul of other uses and rights, such as water and mineral rights, timber, farming, and other activities. Renewable energy counsel, developers, and operators must be aware of the challenges and differences in acquiring land rights for solar, wind, and energy storage and effectively implement strategies to ensure client objectives while minimizing risks and liability.

Listen as our authoritative panel discusses essential considerations and negotiation points for leases and easements, key differences for certain types of renewable energy projects, and issues and risks based on the use of land, natural resources, and other activities. The panel will also provide techniques to avoid conflicting interests and minimize potential liability.

Outline

  1. Siting and developing renewables
  2. Lease, license, or easement
  3. Navigating competing land use rights
  4. Specific issues for solar vs. wind vs. energy storage
  5. Drafting and negotiating key provisions

Benefits

The panel will review these and other noteworthy issues:

  • What structures are suitable for solar, wind, and storage leasing projects--and what are the benefits and risks of each?
  • What are the key differences and challenges of acquiring land rights for solar, wind, and energy storage?
  • What are the challenges and risks associated with competing land use rights and methods to overcome them?
  • How can counsel address legal issues that arise in structuring a lease?
  • What are best practices to avoid common pitfalls in negotiating and securing land rights for solar, wind, and storage projects?