BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Energy

Date & Time
  • event Date

    Thursday, May 1, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00

This CLE course will examine primary considerations for counsel before finalizing a solar photovoltaic (PV) transaction. The panelist will discuss critical components of solar PV transactions, including real estate entitlements such as easements or leases, and offtake agreements, such as power purchase agreements (PPAs). The panelist will offer best practices for negotiating and structuring the critical solar PV project agreements.

Faculty

Scott D. Deatherage
Founder
S Deatherage Law, PLLC

Over the last 30 years of his career, Mr. Deatherage has focused his practice on energy, environment, water, and climate change.  As a partner in nationally known large law firms, he has worked with clients to solve regulatory challenges and to capitalize on emerging technologies such as renewable energy, energy efficiency, blockchain, artificial intelligence and energy storage. He now has his own law firm. Mr. Deatherage graduated cum laude from Harvard Law School, and was the Articles Editor of the Harvard Environmental Law Review.  He taught Climate Change Law at the University of Texas Law School and published a book Carbon Trading Law and Practice. In the energy context, Scott has worked with clients on electricity generation projects totaling more than $5 billion, including: •    Over 55 solar projects, including the Webberville Solar Project near Austin – at the time, the largest solar project in Texas. •    Wind projects in west Texas and other states. •    Distributed solar leases, power purchase agreements for residential and commercial installations. •    Energy efficiency and storage contracts, including negotiation on behalf of an energy efficiency company with a multi-national company for deployment of client technology in over 15 countries. •    Negotiated over 45 ground leases for solar farms. •    Worked on anaerobic digestion projects. •    Represented clients in landfill gas to energy projects. Mr. Deatherage has advised clients on natural gas power plant, biofuels, gas to liquid, wind, solar, and other renewable energy projects, including siting and environmental permits and other legal issues, and has advised clients regarding government and utility incentives relating to renewable and energy efficiency projects, as well as property tax exemptions and abatement.

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Description

Government incentives have sparked growth in the renewable energy industry, including an increase in solar PV energy development. To take advantage of the recent events, solar energy project operators must secure real estate rights and negotiate offtake agreements to ensure the necessary rights to finance and develop a successful solar PV project.

Solar energy projects require long-term real estate entitlements such as easements or leases, to ensure unobstructed, direct access to sunlight for efficient operation. Solar easements enable property owners to install solar PV panels and related equipment and give project operators the right to use the airspace above their land to access direct sunlight.

The easement will vary depending on the solar energy system and the landowner involved. Leases offer similar protections, although they may lack some of the long-term benefits of easements.

Counsel must carefully negotiate critical provisions in each real estate agreement, including scope, terms of revision, and compensation. Further, counsel must evaluate considerations such as zoning regulations and restrictive covenants before executing the real estate entitlement documentation.

Practitioners must understand the fundamental concepts and best practices for negotiating and structuring offtake agreements, such as a PPA, which should be closely related to the real estate entitlement agreement and provide project developers, tax equity investors, and lenders the necessary assurances of long-term energy revenue to support the project.

Listen as our panelist discusses the primary components of a solar easement, as well as considerations to weigh before entering into any offtake-related agreements. The panelist will offer best practices for negotiating and structuring the easement agreement.

Outline

  1. Overview of a solar PV project transaction structure
    • Real estate entitlements
    • Introduction to PPAs
    • Summary of ancillary agreements
    • Regulatory considerations (net metering; PPAs vs. solar leases; size limits)
  2. Determining whether to use a solar easement or lease
    • Pros
    • Cons
    • Zoning regulations
    • Restrictive covenants
  3. Principal considerations
    • Scope
    • Setback and height requirements
    • Vegetation growth
    • Equipment installation
    • Terms for revisions
    • Conditions of termination
    • Compensation
  4. Best practices for negotiating and structuring the real estate agreement
  5. Essential provisions and best practices in PPAs
  6. Anticipated impacts of 2025 executive orders on solar PV industry

Benefits

The panelist will review these and other high priority issues:

  • What are the essential provisions to address when structuring solar PV agreements?
  • What are the long term considerations for parties and their counsel entering solar PV agreements?
  • What strategies should counsel employ in drafting and negotiating solar PV air space entitlements?
  • What might the 2025 energy-related executive orders mean for solar PV?