BarbriSFCourseDetails

Course Details

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 following major legal and regulatory developments. The panel will discuss evolving best practices, critical terms, and negotiation points for leases, easements, and other contracts. The experts discuss the impact of recent executive orders, tax credit phase-outs under the OBBBA, federal permitting changes that will affect ongoing and future deals, and reconsidering risk allocation and compliance requirements to reduce liability.

Description

Acquiring land rights via a lease, license, option, 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 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, the issues and risks based on recent regulatory changes, including executive actions affecting the use of land, natural resources, and other activities. The panel will also provide techniques to avoid conflicting interests and minimize potential liability.

Outline

I. Legal and regulatory developments affecting real property agreements

II. Structuring agreements: lease, easement, license, or option

III. Solar, wind, and storage: considering the resource needs, rights, connectivity, and co-location challenges

IV. Key contract provisions for proactive protection

V. Managing conflicting land use rights and third-party claims

VI. Best practices, advising clients

Benefits

The panel will review these and other noteworthy issues:

  • How have OBBBA, Section 45X phase-outs, and executive orders affected strategies and timelines?
  • 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?
  • What are best practices to draft agreements to mitigate risk and protect against future regulatory impacts?