Structuring Solar Leases: Negotiating Liability, Obligation, End of Term, and Other Key Provisions
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide counsel with a review of deal structures and legal and practical challenges in drafting and negotiating a solar lease. The panel will outline considerations for counsel to maximize benefits and minimize risks in a solar leasing opportunity.
Outline
- Benefits of a solar project
- Deal structure and site location
- State of the U.S. solar industry
- Practical considerations
- Lease, license, or easement
- Drafting and negotiating key provisions
- Current trends
Benefits
The panel will review these and other noteworthy issues:
- What structures are suitable for a solar project--and what are the benefits and risks of each?
- What are the implications of site choice?
- How can counsel address legal issues that arise in structuring a solar lease?
- What are best practices to maximize your clients' financial benefit from a solar lease?
- What are best practices to avoid common pitfalls in structuring a solar project and negotiating a solar lease?
Faculty
Scott D. Deatherage
Founder
S Deatherage Law
Over the last 30 years of his career, Mr. Deatherage has focused his practice on energy, environment, water, and... | Read More
Over the last 30 years of his career, Mr. Deatherage has focused his practice on energy, environment, water, and climate change. As a partner in nationally known large law firms, he has worked with clients to solve regulatory challenges and to capitalize on emerging technologies such as renewable energy, energy efficiency, blockchain, artificial intelligence and energy storage. He now has his own law firm.
Mr. Deatherage graduated cum laude from Harvard Law School, and was the Articles Editor of the Harvard Environmental Law Review. He taught Climate Change Law at the University of Texas Law School and published a book Carbon Trading Law and Practice.
In the energy context, Scott has worked with clients on electricity generation projects totaling more than $5 billion, including:
• Over 55 solar projects, including the Webberville Solar Project near Austin – at the time, the largest solar project in Texas.
• Wind projects in west Texas and other states.
• Distributed solar leases, power purchase agreements for residential and commercial installations.
• Energy efficiency and storage contracts, including negotiation on behalf of an energy efficiency company with a multi-national company for deployment of client technology in over 15 countries.
• Negotiated over 45 ground leases for solar farms.
• Worked on anaerobic digestion projects.
• Represented clients in landfill gas to energy projects.
Mr. Deatherage has advised clients on natural gas power plant, biofuels, gas to liquid, wind, solar, and other renewable energy projects, including siting and environmental permits and other legal issues, and has advised clients regarding government and utility incentives relating to renewable and energy efficiency projects, as well as property tax exemptions and abatement.
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Christine Fernandez Owen
Shareholder
Clean Law
Ms. Owen provides legal services to developers, owners, and operators of wind, solar, and energy storage projects. Her... | Read More
Ms. Owen provides legal services to developers, owners, and operators of wind, solar, and energy storage projects. Her practice is focused on the support of development efforts of renewable projects, including negotiation of site control documents, title and other real estate review, environmental diligence, negotiation of commercial contracts used in the development and construction of renewable energy projects, and diligence in support of acquisitions of renewable energy projects. Ms. Owen has more than 10 years’ experience in the renewable energy industry and was previously Assistant General Counsel at one of the world’s largest owners of renewable energy projects. There, she served as lead counsel for the solar business unit, advising on all legal matters affecting the development, construction, and maintenance of utility-scale solar energy projects, as well as diligence and negotiation of acquisitions and divestitures. Ms. Owen also advised the sheChristine worked in the environmental practice group of a large law firm doing both transaction work and litigation.
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Tyrone H. Thomas, Jr.
Vice President and Deputy General Counsel
Invenergy
Mr. Thomas is currently serving as Deputy General Counsel at Invenergy, a global leader in energy solutions. At... | Read More
Mr. Thomas is currently serving as Deputy General Counsel at Invenergy, a global leader in energy solutions. At Invenergy, he leverages his broad experience to provide effective counsel on a wide range of business, legal, administrative and risk management issues. Mr. Thomas has negotiated land rights for more than 1,000,000 acres of real property globally, and led diverse teams of professionals in connection with the development, permitting, acquisition, disposition (development transfers and build transfers) and project financing of numerous utility-scale energy facilities. His areas of focus include: Real Estate, Legal Operations, Complex Commercial Contracts, Permitting, Construction, Procurement, Administration, Risk Management, and Litigation/ADR Management.
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