Solar, Wind, and Energy Storage Project Leases and Easements: Best Practices for Renewable Energy Counsel

Key Provisions, Challenges, and Differences Based on Use of Land, Natural Resources, and Infrastructure

A live 90-minute premium CLE video webinar with interactive 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.

Wednesday, February 23, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 28, 2022

or call 1-800-926-7926

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. The panel will discuss critical terms and negotiation points for leases, easements, and other contracts, key differences for certain types of renewable energy projects, issues, and risks based on the use of land, natural resources, and other activities, as well as provide critical insight and techniques to avoid conflicting interests and minimize potential liability.

Description

Creative business structures and supportive legislation have increased developers' interest in acquiring land rights in private and public property for renewable energy projects. Acquiring land rights via a lease, license, 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 (i.e., leases, easements, licenses, etc.) 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, and issues and risks based on the use of land, natural resources, and other activities. The panel will also provide techniques to avoid conflicting interests and minimize potential liability.

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Outline

  1. Siting and developing renewables
  2. Lease, license, or easement
  3. Navigating competing land use rights
  4. Specific issues for solar vs. wind vs. energy storage
  5. Drafting and negotiating key provisions

Benefits

The panel will review these and other noteworthy issues:

  • 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?
  • How can counsel address legal issues that arise in structuring a lease?
  • What are best practices to avoid common pitfalls in negotiating and securing land rights for solar, wind, and storage projects?

Faculty

Carroll, Theresa
Theresa M. Carroll

Attorney
Clean Law

Ms. Carroll represents clean energy developers with respect to real estate, finance, contract negotiation, and other...  |  Read More

Engler, Daniel
Daniel M. Engler

Partner
Cox Castle & Nicholson

Mr. Engler is a real estate transactional attorney who represents clients in the buying, selling, leasing, and...  |  Read More

Attend on February 23

Early Discount (through 01/28/22)

Cannot Attend February 23?

Early Discount (through 01/28/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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