The West Firm, PLLC, is consistently ranked in the top tier of energy attorneys in Albany, New York, and across New York state. Attorneys at the firm have decades of experience assisting clients with the development and operation of energy projects, including solar arrays, wind farms, hydroelectric facilities, and oil and gas wells and pipelines.
The firm provides a broad array of legal services that include performing due diligence; facilitating real property conveyances; obtaining required permits and authorizations at the federal, state and local levels; negotiating all necessary project agreements; and procuring financing to construct and operate projects.
Due Diligence, From Historical Records To Zoning Compliance
Specifically, the firm’s attorneys have unique expertise in performing due diligence for the development of energy projects. The firm’s attorneys perform site inspections and review historical records relative to the proposed project site in order to evaluate potential environmental contamination liability and permit compliance, verify zoning compliance with the local municipality and review title documents to confirm the title and identify third-party rights on the proposed project site.
The attorneys also work with environmental consultants to manage any remediation measures that may be required. They also have significant experience reviewing title issues associated with energy projects, implementing any curative actions that may be required and representing project developers in eminent domain proceedings when eminent domain is available.
Regulatory Appearances Before State And Federal Agencies
In addition, the firm’s attorneys routinely appear before the Federal Energy Regulatory Commission, the United States Army Corps of Engineers, the New York State Public Service Commission, the New York State Independent System Operator, the New York State Department of Environmental Conservation and the Environmental Protection Agency relative to siting, licensing and regulatory compliance matters. The firm has also fostered partnerships with various municipalities to streamline any zoning issues, real property tax abatements and other local matters that may arise during the development of the project.
The firm’s attorneys also draft and negotiate required agreements to implement the project, including purchase and sale agreements; energy delivery and transportation agreements; interconnection agreements; power purchase agreements; real property agreements, such as leases, easements and licenses; and financing documents (secured, industrial development agency and tax credit transactions).
- Assisted a solar developer on a broad variety of issues
- Represented developers of a wind farm project
- Was successfully involved with the siting of a major interstate gas pipeline project
- Successfully represented several large power producers in connection with complex air quality and other permitting issues in the metropolitan New York City area
- Represented the interest of a real estate developer and related homeowners association in Federal Energy Regulatory Commission proceedings for an adjoining hydroelectric project
- Assisted in the restructuring and sale of several hydroelectric projects, including the negotiation of asset purchase and sale agreements and other closing documents, and the renegotiation of energy sales agreements, underlying ground leases, payment in lieu of tax agreements and related financing documents
- Represented oil and gas companies on a broad variety of legislative, regulatory and commercial issues, including well spacing, compulsory integration and pipeline siting
- Participated in the Department of Environmental Conservation (DEC) meetings resulting in the Upper Hudson/Sacandaga River Offer of Settlement and related issuance of the DEC’s 401 water quality certificates for four major hydroelectric projects on the Sacandaga and Hudson rivers