Approach
Michael Best has one of the Midwest's foremost legal practices serving the renewable energy industry. Our lawyers have substantial experience in the ethanol, biodiesel, biomass, waste-to-energy, solar and wind sectors. We have substantial experience with both independent developers, farmer-owned cooperatives, and regulated utilities in the development of renewable projects including biofuels, wind, biomass and hydroelectric projects. We provide these and other renewable energy clients with strategic legal counsel involving project development and finance, regulatory, land use and legislative issues as well as commodity trading, contracting and permitting, succession planning and other business-related concerns.
Practice
Our group has significant transactional experience in the formation, representation and financing of ethanol and biodiesel plants and independent power purchases focusing on renewable energy. As the renewable energy market rapidly changes through new development, expansion and business combinations, we regularly counsel boards of directors of these companies as to their fiduciary duties involving mergers, acquisitions, takeovers and financing. We provide a full range of general business services to all our renewable energy clients, including:
- Corporate governance, including business organization and structure, SEC compliance, fiduciary duties and business succession planning
- Finance, including equity and debt financing, recapitalizations, bank financing, roll-up and other multi-step transactions
- Intellectual Property, including trademark and patent protection and prosecution and intellectual property issues related to the creation of enzymes used in biofuel production
- Regulatory matters involving facility siting and expansion, environmental and air permits, and zoning and land use considerations
- Contractual negotiations, including supply, power purchase, distribution, offtake and hedging agreements
- Transactional assistance with public and private debt and equity financing, commercial credit arrangements, technology licensing arrangements, and commodity and forward contracting
- Litigation and dispute resolution services, ranging from intellectual property enforcement to commodities and price protection programs and product liability defense.
In addition to these overall activities, our Renewable Energy Group has a special focus in the unique needs and activities of the following industry sectors.
Ethanol and Biodiesel
Leading ethanol and biodiesel producers look to Michael Best for general counsel guidance as well as assistance with specific issues and concerns. Our client roster includes many of the Upper Midwest’s earliest independent ethanol and biodiesel producers and represents hundreds of millions of gallons of annual production capacity. In addition, we work with many emerging technology companies that are focused on developing greater efficiencies from ethanol production and preparing for the future of ethanol production, such as those companies focused on the commercialization of cellulosic ethanol.
Michael Best represents ethanol and biodiesel producers in negotiating sales agreements to market agricultural spinoff products created from the ethanol production process. Examples include protein concentrates for food use, and carbon dioxide for soft drink manufacture. Our attorneys are also working with clients to explore other innovative avenues related to ethanol output, such as the development of a carbon trading program on the Chicago Climate Exchange and the application of carbon credits to manure processing technology.
Wind and Other Renewable Energy Resources
Our attorneys work with a wide range of developers and public utilities to develop other sources of renewable energy, particularly in applications focused in electric power production. As a leading advisor to wind and biomass developers, integrated gas and electric utilities and electric transmission companies, Michael Best has the experience to successfully develop renewable energy projects.
- Wind: We represent multiple wind projects across a host of legal disciplines, including the negotiation of power purchase agreements, land acquisitions and regulation, local approvals, state regulatory approval, zoning and litigation in defense projects. Through our representation of multiple public utilities and independent power producers, Michael Best attorneys have substantial experience in all legal aspects of utility infrastructure, approvals and development.
- Biomass: Members of our Renewable Energy team have assisted with cogeneration projects involving anaerobic digestion (a natural process to generate energy from biodegradable waste), and serve on the Biomass Coordinating Council of the American Council on Renewable Energy (ACORE).
- Solar: Our Renewable Energy team served as lead counsel in a matter regarding new market tax credit financing for the construction of a solar field. We have also represented clients regarding eligibility of projects for a federal grant in lien of the investment tax credit.
Attorneys
Our team members combine diverse backgrounds from the worlds of agriculture, energy and business to give renewable energy clients in-depth knowledge and a comprehensive understanding of the industry. We speak the language of agriculture and energy, the unique intersection at which we find substantial new renewable energy development. On the public policy side, several of our attorneys have served in key state government administrative and economic development capacities, and have actively participated in Wisconsin Governor Jim Doyle’s 2006 signing of the Energy Efficiency and Renewables Act and his subsequent announcement of Wisconsin’s Declaration of Energy Independence. Our government relations experience has been invaluable in securing regulatory approvals and economic development incentives, and in such major accomplishments as the creation of the first stand-alone regional electric transmission company in the United States.