Renewable & Clean Energy

Pairing one of the most comprehensive climate practices in the country with a robust energy practice, Arnold & Porter operates at the forefront of the evolving renewable and clean industry sectors. Our multidisciplinary team brings a sophisticated understanding of the underlying science and a broad range of experience—government enforcement actions, citizen suits, regulatory rulemaking, permitting, policy advocacy, project finance, corporate finance, tax, FERC, and energy regulation—to provide seamless representation across the life of renewable and clean energy projects.

Deep Regulatory Insights: Decades of experience in greenhouse gas regulation and credit markets growing out of the first emissions credit trading programs—renewable fuels, zero-carbon energy sources (wind, solar, hydropower, etc.), carbon capture and storage, life cycle analysis, carbon-pricing mechanisms, and review of climate impacts under NEPA and state equivalents.

Strategic Litigation Counsel: Representation in precedent-setting litigation, including defending the siting of wind and solar facilities; challenging and defending biofuels regulations; defending the hydropower industry before the ITC; and international investment arbitrations involving solar power and hydroelectric projects.

Cutting-Edge Transactions: Substantial experience with the full range of transactions, permitting, financing, and development of renewable energy projects.

Experience Highlights

  • BP in the antitrust aspects of its strategic partnership with Equinor and the $1.1 billion acquisition of 50 percent interest in four assets in two wind leases located offshore New York and Massachusetts that together have the potential to generate power for more than two million homes.
  • Czech Republic in getting all claims in six separate investment arbitrations filed under bilateral investment treaties and the Energy Charter Treaty fully dismissed—five under the UNCITRAL rules and one ad hoc, involving disputes in the solar sector.
  • Enphase Energy Inc., a leading designer and manufacturer of software-driven home energy solutions that span solar generation, home energy storage, and web-based monitoring and control, in its acquisition of SunPower's microinverter business and on the US aspects of its acquisition of Sofdesk Inc., a Montreal-based software organization for roofers and solar installers.
  • Growth Energy, a biofuels trade association, in regulatory and litigation assistance for efforts to relieve regulatory restrictions on marketing of blends of gasoline and 15 percent ethanol (E15), and in connection with EPA rulemaking proceedings concerning the Renewable Fuels Standard.
  • Major energy company in completing comprehensive evaluations of regulatory and statutory frameworks in assessing US jurisdictions for carbon capture, utilization and sequestration (CCUS) projects.
  • POET, a leading renewable fuels manufacturer, in a range of regulatory compliance, rulemaking and litigation matters, including assisting in addressing issues regarding development of advanced cellulosic biofuels technology.
  • The American Clean Power Association in serving as outside general counsel for matters spanning governance, tax, employment, IP, compliance, and corporate issues.
  • Toyota Motor Sales USA Inc. in its support for hydrogen fuel infrastructure.
  • Honeywell in negotiating leases of 80+ acres of contaminated properties in Syracuse for four solar projects to advance corporate sustainability goals, provide an economically productive and cost-effective option for remedial closure, and put these properties back into productive reuse.
  • ChargePoint, the world's largest electric vehicle charging network, on policy issues impacting the deployment of alternative fuel vehicles, and in leading a coalition that successfully advocated for inclusion of a billion-dollar, multiyear grant program in House and Senate surface transportation legislation.
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