Energy Law

Today’s energy sector continues to rapidly evolve and demands a multi-disciplinary legal team that combines the experience of working firsthand in the energy sector with a deep understanding of the law. Fox Swibel’s energy practice was built on the foundation of the firm’s highly regarded corporate, transactional, real estate, tax and litigation services, layered with an energy regulatory and compliance practice. Our boutique setting allows us to collaborate across practice groups to provide our clients with full-service legal representation.

Representative Matters:

Fox Swibel counsels clients in all aspects of development, real estate and title matters, financing, joint ventures, acquisitions and sales, and long-term ownership of renewable energy and energy efficiency contracting projects including, but not limited to:

Acquisition, sale, and financing of large wind/solar projects and distributed solar (both in front of and behind the meter).
Siting and construction of energy generation facilities and transmission infrastructure, including land acquisition and leasing, zoning and land use, negotiation of power purchase agreements, engineering, procurement and construction agreements, asset purchase and sale agreements, and other related agreements.

Structuring and negotiation of joint venture agreements and venture capital arrangements to finance renewable energy projects.
Advice regarding monetization of state incentives and regulated revenue streams.
Structuring and negotiation of key service agreements and B2B/B2C retail agreements.
Structuring and negotiation of long-term royalty arrangements.
Energy-lease and purchase option review.
Zoning and land use matters.
Project build-out arrangements.
Developing and implementing document structures for energy efficiency contracting.
Off-balance sheet financing.
Providing tax advice in connection with the design of ownership and financing structures for renewable energy projects.

In addition to the renewable energy space, Fox Swibel works across the energy industry from retail electricity and gas to transmission. Fox Swibel proudly represents trade associations before state agencies (primarily in Illinois) to set the rules under which energy companies must operate.

Transactional

Lead and local counsel for acquisitions/divestitures and financings of over 100 MWac of utility-scale solar, community solar and behind-the-meter solar
Representing a nationwide renewable energy developer in connection with all aspects of project development, including real estate, permitting and zoning matters, for a portfolio of 55 MWac of community solar projects in Illinois.
Represented a nationwide renewable energy developer in connection with real estate and permitting diligence and negotiation of definitive agreements for the acquisition of multiple community solar projects in Illinois
Represented lenders and equity investors in financing agreements and core project document negotiation
Representing multiple owners of community solar and behind-the-meter in negotiation of customer acquisition agreements and Approved Vendor as a Service agreements
Represented a renewable energy EPC contractor in a joint venture for the co-development of 100 MWac of community solar projects in New York.

Real Estate

Lead and local counsel for site control, permitting (including wetlands), land use and zoning, title review and clearance, and policy procurement for greenfield community solar energy projects in Illinois
Represent renewable energy developers with the negotiation of commercial and governmental contracts used in the development and construction of solar energy projects
Counsel in support of land use and zoning issues involving solar ordinances and special use/conditional use permitting applications in accordance with the renewables state siting law in Illinois.

Litigation

Lead litigation, stakeholder engagement, and informal outreach on behalf of national and state trade associations, on initiatives from consumer protection rule revisions to build-out of $800+ million solar incentive program
Lead litigation counsel in multiple utility rate cases, tariff proposals, investigations, and portfolio programs to protect integrity of competitive market opportunities
Lead counsel for (Illinois jurisdictional) interconnection complaints against electric utilities and in dispute resolution processes

Counseling

Provide advice to the solar, renewable, and broader energy community on strategy, retail product development, and risk management
Legislative counsel on multiple Illinois energy-related bills, including several that became Public Acts
Counseled numerous renewable energy developers regarding Illinois Shines compliance matters including the Minimum Equity Standard, Illinois and Federal prevailing wage and apprenticeship requirements, and Illinois Power Agency competitive procurements.