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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Energy

Date & Time
  • event Date

    Monday, September 23, 2024

  • 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; and provide critical insight and techniques to avoid conflicting interests and minimize potential liability.

Faculty

Christine Fernandez Owen
Shareholder
Clean Law, PC

Ms. Owen provides legal services to developers, owners, and operators of wind, solar, and energy storage projects. Her practice is focused on the support of development efforts of renewable projects, including negotiation of site control documents, title and other real estate review, environmental diligence, negotiation of commercial contracts used in the development and construction of renewable energy projects, and diligence in support of acquisitions of renewable energy projects. Ms. Owen has more than 10 years’ experience in the renewable energy industry and was previously Assistant General Counsel at one of the world’s largest owners of renewable energy projects. There, she served as lead counsel for the solar business unit, advising on all legal matters affecting the development, construction, and maintenance of utility-scale solar energy projects, as well as diligence and negotiation of acquisitions and divestitures. Ms. Owen also advised the sheChristine worked in the environmental practice group of a large law firm doing both transaction work and litigation. 

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Lauren Shapiro
Counsel
Norton Rose Fulbright, LLP

Ms. Shapiro is experienced in real estate and title matters affecting the energy industry, including drafting purchase and sale agreements, letter agreements and other transactional real estate documents. She advises on utility-scale renewable energy projects regarding site control and title insurance. Ms. Shapiro also reviews title commitments, prepares closing instruction letters and drafts curative instruments to address title defects and issues for developers.     

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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?
  • What are best practices to avoid common pitfalls in negotiating and securing land rights for solar, wind, and storage projects?