Energy Industry

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.

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.

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.

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.

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.