The Davis Graham & Stubbs Renewable & Alternative Energy Group builds upon a longstanding dedication to and decades of experience advising clients on energy project-development issues. Combining a range of legal disciplines and project experience, the group emphasizes practical, focused, creative legal advice in this field – much as we did for other emerging energy strategies and technologies in past years. We currently represent a range of entities involved in renewable energy and advanced transportation projects, from project developers to investors and technology manufacturers as well as property owners, lenders and lessors.

DGS attorneys help clients take advantage of emerging opportunities in the renewable energy and transportation sector in the western United States, including wind, solar, biomass, alternative and mass transportation and other ventures. Our diversity of experience and practical understanding of the link between project components distinguishes us from many firms, and adds value to client efforts. Our experience includes traditional legal services – such as the drafting and negotiation of power purchase agreements, transmission agreements and other contracts – as well as specialized, renewable energy-specific expertise, including:

• Project Site and Placement Issues, particularly navigating such issues on federal public lands.
• Transmission-Line Permitting and Configuration, and related real estate and eminent domain issues.
• Environmental and Land-Use Permitting associated with wind projects and other emerging technologies, including issues arising from the Migratory Bird Treaty Act, Historic Preservation laws and other statutes.
• Public-Process Guidance, including interaction with citizen groups and regulatory agencies on project design, location and siting issues and related public support initiatives.
• Tax Analysis of Pivotal Issues and use of Renewable Energy Credits, and fundamentally sound, creative strategies to increase project liquidity and return.
• Public Utility Commission Regulatory Interactions with various state PUCs on project approval, rate structure and many key issues, including adjudicatory and rulemaking proceedings.
• Renewable Energy Credits, including analysis of pivotal tax considerations and use of creative strategies to increase project yield and liquidity.
• Nondisclosure and Confidentiality agreements for key project staging and investor protection.
• Partnership Development, including local and financial partnerships with project-specific development agencies.
• Interconnection and Transmission Arrangements, including linking them to existing infrastructure in ways unique to the renewable energy segment.
• Identification of Developing Energy Zones, real estate acquisition strategies and mapping and acquisition plans.
• Corporate Structuring and the Use of Strategic Issues unique to the renewable energy and transportation sectors to increase investor attractiveness and minimize liability.
• Analysis of Mineral/Surface Right Issues Unique to the West, particularly those involving project siting and development of transmission lines associated with wind, solar and other energy projects.

Our group measures the value we add to our clients’ transactions not on a “megawatt” basis, but on our ability to react to specialized client needs and provide the sophisticated, pointed advice necessary to advance renewable and alternative energy projects.

We understand the role timing plays in the development of projects and the need for expedited feedback on key issues that arise at critical junctures. While helping clients from the project feasibility, planning and financing stages through construction, licensing and operation of the facility, we add value to a team’s knowledge base through our understanding of the interplay between legal and practical considerations; the sequencing and timing of key project stages; the need to build key constituencies on renewable energy and alternative transportation projects; and the attendant role of public and political support.

Examples of individual projects (client names left out for confidentiality) include the following:

• Alternative Fuels/Investor Tax Incentives – Worked closely with a major investor on tax incentive considerations and related permitting and liability issues associated with recapturing methane gas from landfills, fuel blending and pelletization, and related alternative energy projects.
• Solar Energy Company – Advising a solar energy company on significant solar and other renewable energy legislation passed in Colorado in recent years and the opportunities those laws created.
  
• Wind-Power Investment – Represented various lenders during the initial financings as well as refinancings and development of large wind-power projects, and helped ensure consistent revenue streams by conducting due diligence on the developers’ project planning and transactional documents.
  
• Wind Farms – Advised and represented several project owners and operators during development and operation of wind farms. We successfully resolved access issues with local governments, advising and assisting in the permitting process with regulatory agencies and facilitating transactions with area landowners.
  
• IPO, Wind Energy Company – Worked closely with a privately held, early-stage wind energy company in its initial public offering and listing on the Alternative Investment Market of the London Stock Exchange.
• Renewable Energy Tax Credits – Working to help a large, well-known international energy company to identify potential investors interested in renewable energy tax credits.
  
• Ethanol Facility – Represented developers of a corn-ethanol facility through all phases of project proposal, plant development and initial production. Our work included addressing water law, realty and transactional issues as well as environmental permitting.
• MagLev Transportation – Worked with a leading manufacturer of a revolutionary magnetic levitation transportation system, which has nationwide conveyance potential.
  

Our Renewable Energy Group is co-chaired by three experienced attorneys, Roger L. Freeman, Zach C. Miller, and Constance L. Rogers.

Mr. Freeman is an environmental lawyer active in a variety of renewable energy and transportation projects and groups throughout the Rocky Mountain West and California. He has an extensive network of political and agency relationships dating back to the work of his father, S. David Freeman, who has been a preeminent force in the emergence of renewable energy and conservation issues since the 1960s. Mr. Freeman uses his experience and understanding to help expedite project steps and creatively solve legal constraints to the development of renewable and advanced transportation projects.

Mr. Miller practices environmental, water and energy law and has had extensive experience developing wind energy, ethanol and other renewable and alternative energy projects throughout the country. He has particular expertise developing projects on federal and tribal lands throughout the West.

Ms. Rogers brings an interdisciplinary approach to a variety of renewable and traditional energy and resource projects throughout the Rocky Mountain West. She has extensive experience in federal and state permitting, public land laws, financing issues and the nuts and bolts of documenting complex project transactions. Ms. Rogers’ experience in Indian Country and with cultural resource issues have proved critical to the successful development of many of our clients’ projects.