The West Firm is consistently ranked in the top tier of energy attorneys in Albany, NY and across New York State. Attorneys at the Firm have decades of experience of assisting clients with the development and operation of energy projects, including hydroelectric facilities, solar arrays and wind farms as well as oil and gas wells and pipelines. The Firm provides a broad array of legal services which include performing due diligence, facilitating real property conveyances, obtaining required permits and authorizations at the federal, state, and local levels, negotiating all necessary project agreements and procuring financing to construct and operate the project.
Specifically, the Firm has unique expertise in performing due diligence for the development of energy projects. The Firm’s attorneys perform site inspections and review historical records relative to the proposed project site in order to evaluate potential environmental contamination liability and permit compliance, verify zoning compliance with the local municipality and review title documents to confirm title and identify third-party rights on the proposed project site. The Firm also works with environmental consultants to manage any remediation measures that may be required. And the firm has significant experience reviewing title issues associated with energy projects, implementing any curative actions that may be required. and representing project developers in eminent domain proceedings were eminent domain is available.
In addition, the Firm’s attorneys routinely appear before the Federal Energy Regulatory Commission, the United States Army Corps. Of Engineers, the New York State Public Service Commission, the New York State Independent Operator and the New York State Department of Environmental Conservation and the Environmental Protection Agency relative to siting, licensing and regulatory compliance matters. The Firm has also fostered partnerships with various municipalities to streamline any zoning issues, real property tax abatements and other local matters that may arise during the development of the project.
The Firm’s attorneys also draft and negotiate required agreements to implement the project, including purchase and sale agreements, energy delivery and transportation agreements, interconnection agreements, power purchase agreements, real property agreements, such as leases, easements and licenses and financing documents (secured, industrial development agency and tax credit transactions).
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- Successful involvement with the siting of a major interstate gas pipeline project.
- Successfully represented several large power producers in connection with complex air quality and other permitting issues in the metropolitan New York City area.
- Represented interest of real estate developer and related homeowners association in Federal Energy Regulatory Commission proceedings for adjoining hydroelectric project.
- Assisted in the restructuring and sale of several hydroelectric projects, including the negotiation of asset purchase and sale agreements and other closing documents, and the re-negotiation of energy sales agreements, underlying ground leases, payment in lieu of tax agreements and related financing documents.
- Represented oil and gas companies on a broad variety of legislative, regulatory and commercial issues, including well spacing, compulsory integration, and pipeline siting.
- Participated in the DEC meetings resulting in the Upper Hudson/Sacandaga River Offer of Settlement and related issuance of DEC’s 401 Water Quality Certificates for four (4) major hydroelectric projects on the Sacandaga and Hudson Rivers.
- Represented developers of a wind farm project.
- Assisted a solar developer on a broad variety of issues.