News & Analysis as of

Development Agreements Energy Sector

Lippes Mathias LLP

Shout it, Shout it, Shout It Out Loud! Key Elements of Renewable Energy Site Control

Lippes Mathias LLP on

In the context of renewable energy projects, “site control” refers to an agreement that conveys rights permitting the utilization of real property for initial diligence and planning, and ultimately the construction,...more

Eversheds Sutherland (US) LLP

Court issues opinions regarding inclusion of developer fees in cost basis under the Section 1603 Renewable Energy Cash Grant...

On June 20, 2019, the Court of Federal Claims released its opinions in the consolidated cases of California Ridge Energy, LLC v. U.S., C/A 1:14-cv-00250-RHH, and Bishop Hill Energy, LLC v. U.S., C/A 1:14-cv-00251-RHH. The...more

Bradley Arant Boult Cummings LLP

Declaration of Independence: Prior Material Breach Does Not Excuse North Carolina Solar Developer of Performance of Independent...

In Recurrent Energy Development Holdings, LLC v. SunEnergy1, LLC, a North Carolina Superior Court addressed a dispute between two solar developers arising out of a letter of intent/exclusivity agreement. Under the agreement,...more

Orrick, Herrington & Sutcliffe LLP

FERC Decision Signals that it Will Strictly Enforce Interconnection Procedures

On March 4, 2016, over the objections of the developer and a dissent from Commissioner Cheryl LaFleur, FERC issued an order authorizing the Midcontinent Independent System Operator, Inc. to terminate a generator...more

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