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Energy Industry

practical experience in the field

Knowledge in Business Transactions, Real Estate, Corporate and Commercial Litigation, Employment Law and Tax and Bankruptcy.

Overview

Morris James’ energy industry team is comprised of lawyers within the firm who collaborate to serve our energy industry clients, providing knowledge in business transactions, real estate, corporate and commercial litigation, employment law and tax and bankruptcy (creditors’ rights). Morris James’ energy industry team attorneys bring practical experience in the field, thorough regional knowledge, broad financial and transactional experience, and the firm’s robust resources in related areas of the law to their representation of clients in the energy industry.

Our energy industry team lawyers possess legal, business, and technical skills that enhance our ability to serve the energy industry. For example, our energy industry team  includes lawyers who have served as rate counsel to the Delaware Public Service Commission, as in-house counsel for a public utility holding company, and who have professional experience in business and engineering. Our attorneys can offer an insider’s perspective on the issues and challenges inherent in the burgeoning energy and utility industry.

Representative Matters

  • Zoning opinions and regulatory approvals in support of numerous energy transactions, including a solar project at Dover Air Force Base
  • Successfully negotiated and documented numerous solar farm leases for both developers and landowners
  • Rendered Delaware legal opinions (state law, authority to file and nonconsolidation) with respect to numerous DE LLCs involved in solar financing transactions, including a financing with a $300M facility value
  • Represented clients before the Delaware Public Service Commission on a variety of energy-related matters, including rates and tariffs
  • Obtained state, local and federal permits for a variety of energy projects including wind, solar, and fuel-cell installations
  • Handled all permits and financing for roof-top retail solar installation at Dover Air Force Base
  • Rendered multiple opinions regarding the jurisdiction of various government agencies over specific energy projects
  • Negotiated multiple power purchase agreements, including Solar Power Purchase Agreements
  • Advocating for energy clients at all levels of Delaware government, including before the General Assembly
  • Supporting client projects through community engagement, legislative intelligence, and activism
  • Providing land use and real estate services in connection with energy projects including due diligence, contract negotiation, acquisition, as issuing agents for major title insurance companies, and zoning permits/opinions.
  • Represented the Official Committee of Unsecured Creditors’ in the bankruptcy cases of Sungevity, Inc., et al.
  • Represented the largest secured creditor in the Tonopah Solar Energy, LLC bankruptcy case

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