Energy Industry

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

Transactional

We provide a broad range of legal services to clients engaged in or considering business ventures in the energy industry, with particular strengths in the financing of solar, wind, and other renewable power projects, as well as traditional projects. For example, we regularly represent financial institutions as Delaware counsel in energy related project financing transactions including solar, wind, and other alternative energy projects, as well as more traditional energy projects. In this practice, our Business Transactions, Strategic Planning and Counseling attorneys assist clients with structuring Delaware LLCs, partnerships, and statutory trusts, and provide Delaware legal opinions in support of the transaction. Our attorneys also represent financial institutions serving in various capacities in energy transactions, including trustees, collateral agents, administrative agents, securities intermediaries, and depository banks. We also advise clients concerning a variety of energy industry contracts, including solar power purchase agreements, host site agreements, operations and maintenance agreements, EPC contracts, stock and asset sale agreements, and other legal documents related to the sale, development, and ongoing management of energy projects.

Real Estate

Our Real Estate Group is among the leaders in the industry in Delaware and supports Delaware and multi-state energy transactions involving energy projects. They draft and negotiate all types of real estate documents related to energy transactions, including deeds, mortgages, easements, site leases, restrictive covenants, and construction contracts. They also provide customary transactional legal opinions, as well as reasoned opinions concerning Delaware real estate law. The lawyers in our Real Estate Group are also licensed agents for a variety of national title insurance companies. They are experienced zoning/land use lawyers, and prosecute all types of permits needed for energy projects located in Delaware. In addition, many of our real estate lawyers are also seasoned litigators who are able to prosecute or defend actions involving real estate disputes.

Regulatory

Lawyers from a variety of Morris James’ practice areas collaborate to advise clients regarding Delaware laws and regulations affecting the energy industry including regulatory procedures, compliance, and deadlines. We represent clients before all Delaware regulatory bodies, including the Delaware Public Service Commission, the Delaware Department of Natural Resources and Environmental Control, and Delaware zoning boards. Our clients include investor owned and municipal public utilities, solar energy project developers, financial institutions, private equity firms, independent power producers and generators, and other industry participants. We have participated in rate and rulemaking procedures, as well as provided extensively reasoned opinions supporting novel renewable energy projects in Delaware.

Tax

Morris James’ Tax Law Group is also one of the leaders in Delaware tax law practice, and brings to the table knowledge in both federal and Delaware state tax law and regulations. In addition, our Tax Law Group has a number of experienced transactional attorneys who can handle mergers, acquisitions, assets sales/purchases, entity structuring, and a variety of other energy related transactional issues where there are tax concerns.

Bankruptcy

Our Bankruptcy Group lawyers use their skills to protect the rights of energy industry creditors involved in Bankruptcy proceedings in Delaware and elsewhere. This group also has significant transactional experience, and has been involved in energy asset sales and other energy industry bankruptcy restructurings.