Repurposing Real Estate for Renewable Energy: Understanding the Legal Framework, Deal Structures, Incentives
Tax Credits, PPAs, Zoning Restrictions, Permits, Environmental Assessments, Mitigating Potential Risks, and Other Key Issues

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Tuesday, June 11, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide lenders, buyers, sellers, and developers of renewable energy projects and their legal counsel on the legal, real estate and environmental implications for adapting or repurposing real property for renewable energy project development and storage.
Faculty

Ms. Stern's expertise includes sustainable energy development, joint venture partnerships, financing, construction and operations, policy and procedure development, and contract review and management. Her background spans legal and business roles for global renewable energy developers, startups, and law firms. Over the course of her career, Ms. Stern has provided legal and strategic guidance in the development, construction, and operation of over ten gigawatts of solar and wind utility scale projects, as well as over two gigawatts of C&I and behind-the-meter solar and solar and storage projects. Ms. Stern has extensive experience in negotiating and drafting project contracts for utility-scale and C&I solar, wind, and battery storage projects. She served as in house counsel at Fotowatio Renewable Ventures and SunEdison, and previously worked at the law firms Winston & Strawn and Stoel Rives.

Mr. Devins has extensive experience in handling the real estate aspects of renewable energy and other sustainable projects and operations, including financing, construction and development, acquisition, disposition, leasing, title/survey, and land use and entitlements. His transactional experience includes not only large-scale solar, wind, storage, and other energy projects, but also sustainable agriculture, water conservation, and other similar sustainability-focused projects and operations. Mr. Devins also has significant experience in the negotiation and structuring of joint ventures and M&A transactions, including cross-border transactions primarily involving Asia-based investment in the U.S. Prior to joining Clean Energy Counsel, Mr. Devins worked at both international and national law firms, specializing in commercial real estate transactions, mergers and acquisitions, and corporate governance. He is recognized as a “Rising Star” in Real Estate by Super Lawyers.

Ms. Gabriel has developed an expertise in policy and permitting for renewable energy projects, climate change disclosure, and environmental and social governance. She has significant experience with NEPA and CEQA review, CERCLA/Superfund liability, Equator Principles, climate change disclosure and strategy, environmental and social governance, (“ESG”), formation of Benefit Corporations and B-Corp Certification, FAA regulations, greenhouse gas emissions, endangered species, bird, and bat related issues, and environmental due diligence. Ms. Gabriel led the environmental and permitting review of over 100 commercial-scale wind and solar projects across the U.S., including the first offshore wind project in the United States. As the sole environmental associate at her prior firm and at Clean Energy Counsel, Ms. Gabriel regularly reviews and negotiates critical environmental provisions of transaction agreements, prepares and negotiates permit opinions, and advises clients on compliance with environmental laws and permitting requirements. She routinely advises on environmental and social governance disclosure, strategy, and policy, Equator Principles compliance and the process of forming benefit corporations and LLCs and navigating the B-Lab B-Corp certification process.
Description
As the demand for renewable energy increases, available greenfield land for renewable energy projects is becoming more scarce. As a result, many developers are getting creative with reusing and repurposing various types of real property including agricultural land, brownfields, superfund sites, urban industrial areas and rooftop or canopy spaces for these projects.
The availability of federal investments, tax credits, and policies aimed at promoting clean energy, coupled with an increase demand for electricity driven by the growth of AI and the electric car industry has led to an explosion of interest in the purchase, sale, and development of renewable energy projects in the U.S. While sunshine and wind are widely available, prime land in which to build large scale renewable projects is becoming harder and harder to find. As a result, developers are increasingly seeking to reuse and repurpose land for renewable projects. This comes with many benefits and available incentives as well as legal and regulatory challenges.
Repurposing real estate for renewable energy projects involves a critical analysis of various federal and state regulations, potential liability, and a complete understanding of structuring deals to repurpose and adapt these assets, all in a rapidly evolving environment.
Listen as our panel (a) provides an overview of existing policy and financial incentives for developing renewable energy projects on various types of property, (b) discusses the regulatory framework and legal requirements for renewable energy development and (c) provides real world examples of projects that have successfully repurposed land for renewable energy generation and storage and discusses the challenges that arose and how those challenges were successfully navigated.
Outline
- Applicable federal regulations and guidance including discussion of IRA tax credits.
- Legal framework and requirements for repurposing real estate for renewable energy
- Examples of projects that have successfully repurposed property for renewable energy
- Best practices for renewable energy legal counsel representing lenders, buyers, sellers or developers of renewable energy projects on repurposed land.
Benefits
The panel will discuss these and other key issues:
- What impact do federal regulations and recent developments have on transitioning real estate to renewable energy new uses?
- What are the key considerations for adapting or repurposing real estate for renewables?
- What are the challenges and key provisions when structuring deals for the adapting or repurposing of assets?
- What are the federal and state law challenges and best practices for counsel to overcome them?
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