Energy & Renewable Resources

A multidisciplinary approach enables our team to address the legal aspects of both behind-the-meter and utility-scale grid supply projects, from property acquisition and environmental permitting to regulatory compliance and operational matters. Attorneys in this practice area help clients manage the challenges and opportunities of environmentally responsible and cost-effective energy production in New Jersey.

Electricity Generation Project Development

Solar Energy Projects with Battery Energy Storage  

Our attorneys have substantial experience representing solar electricity generation developers, solar electricity providers, property owners, large-scale energy users, and lenders and investors in connection with the development and acquisition of solar electricity generation systems. We provide advice and analysis and prepare and negotiate site control and property rights acquisition agreements, including leases, lease or property purchase options, easement and rights of way agreements. We assist in obtaining required state, county and local approvals, including environmental approvals, and prepare and negotiate construction and services agreements, including engineering procurement and construction (EPCs) agreements, power purchase agreements (PPAs), and energy services agreements (ESAs). We secure interconnection approval from the local utility or PJM, and prepare roof replacement contracts, rooftop leases, access agreements, and interconnection agreements. We advise on and coordinate project eligibility for available economic incentives.

Our team is experienced with the development of ground-mount grid-supply projects, projects on sanitary landfills and brownfields, projects developed in environmentally sensitive areas such as the New Jersey Pinelands, and onsite consumption projects for large-scale commercial and industrial energy users. Our solar projects experience has included the incorporation of battery energy capabilities enabling demand side management (i.e., peak shaving), back-up supply and micro-grid performance. We also regularly integrate electric vehicle (EV) charging station agreements in our solar project development work.

The group is familiar with the requirements of New Jersey’s solar incentive programs, including the issuance of solar renewable energy certificates (SRECs), eligibility for net-metering, and siting criteria for projects proposed to be developed on farmland or agricultural property. We are also familiar with the state’s Community Solar program, dual use agrivoltaics program, and battery storage economic incentive programs. 

Alternative Electricity Generation

We have energy project development experience encompassing alternative electricity generation technologies such as natural gas or hydrogen fuel cell facilities, battery storage, heat pumps, bio-mass generation, landfill gas-to-energy conversion, geothermal energy projects, consolidated natural gas, and a variety of projects incorporating sustainable building design and corporate sustainability initiatives. Our attorneys are familiar with the requirements associated with New Jersey offshore wind development and permitting associated with transmission projects. 

Traditional Electricity Generation and Pipeline Development

The firm has significant experience guiding clients through the intricate process of siting and obtaining the necessary permits for new fossil fuel electric power plants, pipelines, and related infrastructure. We provide support in due diligence, with land use approvals, and in navigating the complex regulatory frameworks of state and federal agencies, including the New Jersey Board of Public Utilities (BPU) and the New Jersey Department of Environmental Protection (NJDEP).  Our project experience ranges from the development of utility-scale power plants to behind-the-meter cogeneration/combined heat & power (CHP) projects generating electricity for onsite consumption or as a backup supply source. In connection with such projects, we assist in securing necessary state, county and local approvals, including Title V air permits.

Obtaining local and state approvals for the construction of lateral infrastructure (i.e., pipelines, transmission facilities, etc.) for the transport and delivery of energy (e.g. natural gas, oil, etc.) and utility services is a complex process that requires a thorough understanding of the associated pitfalls. Securing land access rights and development approvals for these projects requires a coordinated effort by attorneys with expertise in real estate, environmental law, local land use regulations, eminent domain, and state and federal utility/pipeline regulation.  Our attorneys have the experience and expertise to handle approvals of this nature.  

Procuring Competitive Energy Supply

Since 2000, the supply component of electricity and natural gas service provided by New Jersey local utilities has been competitive. Industrial, commercial and residential customers may select their own electricity or natural gas supplier, provided the supplier is licensed with the BPU as a third-party supplier (TPS). Our team represents large energy users in connection with their procurement of competitive energy supply. We review, negotiate and revise third-party supplier agreements on behalf of these energy users so the firm’s clients can realize the benefits of competitive supply.

Public Utilities Law & Proceedings Before the New Jersey Board of Public Utilities

In addition to securing energy project approvals from the BPU, we represent clients in all aspects of regulatory operations, including rate cases, rate-setting proceedings, cable television franchising, and litigation before the BPU and in state courts. Our attorneys have deep knowledge of all aspects of New Jersey public utility regulation and have significant experience in BPU proceedings relating to the regulation of natural gas, electricity, telecommunications, cable television, water and wastewater service providers. We regularly represent entities that intervene in utility matters which are likely to impact the intervening entity. We represent intervenors in BPU proceedings in which the BPU is considering a change in policy, or in which the BPU is evaluating whether a service program proposed by a public utility should be approved.  

The firm also provides representation in matters before the Federal Energy Regulatory Commission (FERC) concerning wholesale power markets and interstate gas regulation. We assist with contract negotiations for project development, energy marketing and transportation contracts, and handle other transactional matters related to the operation and maintenance of energy facilities.

Energy Project Due Diligence

Our team is known for conducting comprehensive due diligence in connection with identifying, analyzing and reviewing required federal, state and local energy generation project approvals. In addition to representing energy project developers and large-scale energy users, we frequently serve as local New Jersey counsel for energy development project lenders, equity investors and national or international energy developers and conduct comprehensive due diligence for these project investors and lenders. Our energy project due diligence experience includes due diligence for alternative generations sources, such as the use of fuel cells to generate electricity to serve data centers.