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Repurposing Real Estate for Renewable Energy: Understanding the Legal Framework, Deal Structures, Incentives

Tax Credits, PPAs, Zoning Restrictions, Permits, Environmental Assessments, Mitigating Potential Risks, and Other Key Issues

Note: CPE credit is not offered on this program

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, June 11, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will guide lenders, buyers, sellers, and developers of renewable energy projects and their legal counsel on the legal, real estate and environmental implications for adapting or repurposing real property for renewable energy project development and storage.

Description

As the demand for renewable energy increases, available greenfield land for renewable energy projects is becoming more scarce. As a result, many developers are getting creative with reusing and repurposing various types of real property including agricultural land, brownfields, superfund sites, urban industrial areas and rooftop or canopy spaces for these projects.

The availability of federal investments, tax credits, and policies aimed at promoting clean energy, coupled with an increase demand for electricity driven by the growth of AI and the electric car industry has led to an explosion of interest in the purchase, sale, and development of renewable energy projects in the U.S. While sunshine and wind are widely available, prime land in which to build large scale renewable projects is becoming harder and harder to find. As a result, developers are increasingly seeking to reuse and repurpose land for renewable projects. This comes with many benefits and available incentives as well as legal and regulatory challenges.

Repurposing real estate for renewable energy projects involves a critical analysis of various federal and state regulations, potential liability, and a complete understanding of structuring deals to repurpose and adapt these assets, all in a rapidly evolving environment.

Listen as our panel (a) provides an overview of existing policy and financial incentives for developing renewable energy projects on various types of property, (b) discusses the regulatory framework and legal requirements for renewable energy development and (c) provides real world examples of projects that have successfully repurposed land for renewable energy generation and storage and discusses the challenges that arose and how those challenges were successfully navigated.

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Outline

  1. Applicable federal regulations and guidance including discussion of IRA tax credits.
  2. Legal framework and requirements for repurposing real estate for renewable energy
  3. Examples of projects that have successfully repurposed property for renewable energy
  4. Best practices for renewable energy legal counsel representing lenders, buyers, sellers or developers of renewable energy projects on repurposed land.

Benefits

The panel will discuss these and other key issues:

  • What impact do federal regulations and recent developments have on transitioning real estate to renewable energy new uses?
  • What are the key considerations for adapting or repurposing real estate for renewables?
  • What are the challenges and key provisions when structuring deals for the adapting or repurposing of assets?
  • What are the federal and state law challenges and best practices for counsel to overcome them?

Faculty

Devins, Shane
Shane T. Devins

Attorney
Clean Energy Counsel

Mr. Devins has extensive experience in handling the real estate aspects of renewable energy and other sustainable...  |  Read More

Gabriel, Meghan
Meghan Gabriel

Attorney
Clean Energy Counsel

Ms. Gabriel has developed an expertise in policy and permitting for renewable energy projects, climate change...  |  Read More

Stern, Karleen
Karleen Stern

Partner
Clean Energy Counsel

Ms. Stern's expertise includes sustainable energy development, joint venture partnerships, financing, construction...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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