• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Energy
  • schedule 90 minutes

Solar, Wind, and Energy Storage Project Real Estate Agreements Following OBBBA and Executive Actions

$297.00

This course is $0 with these passes:

CLE
ALL
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About the Course

Introduction

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 real estate impact of recent executive orders, tax credit phase-outs under the OBBBA, and federal permitting changes that will affect ongoing and future deals.

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.

Presented By

Stacy Martyak
Counsel
Norton Rose Fulbright, LLP

Ms. Martyak serves as Counsel at Norton Rose Fulbright.

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Lauren Shapiro Newberry
Senior Counsel
Norton Rose Fulbright, LLP

Ms. Newberry is an experienced lawyer specializing in real estate matters affecting the energy industry, with 14 years of experience in the sector and over 5 years focused exclusively on renewable energy projects. Her practice encompasses a broad range of transactional real estate work for energy clients, including drafting site control documents, purchase and sale agreements, letter agreements and other critical transactional documents. Ms. Newberry provides comprehensive counsel on renewable energy projects, with particular experience in title insurance issues that are unique to the renewable energy sector. Her mineral experience is particularly valuable to renewable energy developers navigating the complexities of large utility-scale development. Ms. Newberry's title and real estate work includes detailed review of site control documents, surveys, title commitments and drafting curative instruments to address title defects and issues for renewable energy developers. This technical experience is essential for ensuring clean title and successful project closings in the complex renewable energy development landscape. Ms. Newberry's deep understanding of the unique real estate and title challenges facing the renewable energy sector—including issues related to surface and mineral rights, access rights and multi-parcel assemblages—enables her to provide practical, efficient solutions that keep projects on track and minimize risk for developers and investors.

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Credit Information

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, September 18, 2025

  • schedule

    1:00 PM ET/10:00 AM PT

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

The panel will review these and other noteworthy issues:

  • How have OBBBA, Section 45X phase-outs, and executive orders affected real estate 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?