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    Solar Energy

    For several years, Norris McLaughlin has had a cross-disciplinary group actively involved in all aspects of solar energy. Our solar energy group includes attorneys from our environmental, utility, real estate and land use, construction, business, taxation, insurance, litigation, and intellectual property practice areas. They focus on issues pertaining to solar technology, manufacturing, financing, installation, and operations. 

    Members of the group lecture at seminars and write articles on topics such as purchase power agreements, state and federal incentives for solar, legislative developments affecting solar, and landlord-tenant issues in solar developments.

    Latest News

    For current updates, check out our group members’ post on our environmental law blog, “Law of the Land.”

    • Overview
    • Attorneys
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    Who We Help

    Representing Hosts

    Some clients prefer to own a solar system outright and recognize all the associated benefits, including the energy itself, available tax credits or direct cash grants, and the income available from selling state-sponsored incentives.  In Pennsylvania, these incentives are known as Solar Renewable Energy Certificates, or SRECs. In New Jersey, the SREC program was replaced in April 2020 by a temporary program known as Transition Renewable Energy Certificates, or TRECs, which in turn was replaced by a new Successor Solar Incentive program, known as “SUSI,” in August 2021.  Regardless of the applicable incentive program, our focus in these matters is on ensuring that the contract documents clearly spell out the obligations of the general contractor (typically referred to as the EPC contractor, because it is responsible for all engineering, procurement and construction related to the project) and any subcontractors, including equipment suppliers. If the purchase is being financed, we also represent the client in reviewing, negotiating, and finalizing loan documents. A frequent issue is clarifying the relative priorities of the senior lender holding a mortgage on the property where the system will be located versus the separate lender advancing the funds to acquire the system.

    Other clients are not prepared to incur the upfront capital costs for a solar system. In these cases, we often negotiate a so-called Power Purchase Agreement (often referred to as a “PPA”), where the client agrees to purchase the power from the developer for a price that is favorable relative to its existing utility costs, but the developer retains ownership of the system and the related tax and other incentive benefits.

    Still other clients choose to lease the panels from the developer, which can give them “free” energy plus a predictable monthly payment, rather than a payment that varies with the amount of power purchased under a PPA.

    Where the host is the tenant at the site of the proposed installation, countless issues arise under the existing lease and the rights of the landlord. Our Commercial Real Estate Group has become expert in issues related to “green leasing,” addressing these issues both at the time of lease negotiation and in connection with projects to be pursued when a lease is already in place.

    Representing Solar Developers and Contractors

    We represent several solar developers who offer “turnkey” solutions to potential hosts. In these engagements, in addition to the usual contract issues to be resolved with the host, attorneys in our Environmental and Land Use Groups are often involved in the permit approval process, including zoning and land use issues. While most contracts provide for progress payments from hosts that enable the developers to obtain the necessary panels and other equipment from manufacturers without the need for additional third-party financing, we have also represented developers in obtaining lines of credit that enable them to acquire such equipment at more favorable prices, without any implicit financing cost built into the sales price.

    Some, but not all, of our solar developer clients are also willing to offer PPAs to hosts, in which case the developer must usually obtain permanent financing to pay for the system over time, using the proceeds from the sale of the solar energy plus the sale of other incentives to repay the loan.

    Some of the specialized issues we have needed to address for developers include the applicability of “prevailing wage” laws to solar installations and public bidding issues related to solar projects for public entities.

    In other transactions, we represent the EPC contractor, again with the goal of ensuring that all responsibilities of contractor to the project host and project developer are spelled out as clearly as possible.

    Representing Lenders

    We have represented several banks in connection with loans for solar energy projects. These loans have included both permanent financing and revolving lines of credit intended to cover the gap between the time when the equipment must be paid for and the time when payment is received from a host.

    Representing Manufacturers

    The attorneys in the Solar Energy Group represent a major developer/manufacturer of solar powered message boards that are used at road construction projects and elsewhere. We handle the firm’s IP (intellectual property), contract and general business needs. We also represent a specialty film company in its patent and licensing matters. Among the primary products it produces are backing sheets and encapsulating vessels for photovoltaic cells.

    9 Attorneys found

    Andrew J. Kimball

    Associate
    New Jersey, New York

    Education

    • Brooklyn Law School
      • J.D.
    • Colorado College
      • B.A.

    Area of Practice

    • Business Law
    • Mergers & Acquisitions
    • Banking & Financial Services
    • Venture Tech & Emerging Growth Companies
    • Solar Energy
    • International Business

    Christopher A. Erd

    Member
    New Jersey, New York

    Education

    • New York School of Law
      • J.D., cum laude
    • Rutgers University, Cook College
      • B.S.

    Area of Practice

    • Real Estate, Finance, and Land Use
    • Environmental Law
    • Liquor Law, Licensing, Manufacturing, and Distribution
    • Solar Energy
    • Beer Law

    James H. Laskey

    Of Counsel
    New Jersey

    Education

    • Yale Law School
      • J.D.
    • Massachusetts Institute of Technology
      • B.S.
      • Phi Beta Kappa

    Area of Practice

    • Antitrust & Trade Regulation
    • Business Law
    • Mergers & Acquisitions
    • Solar Energy
    • Telecommunications
    • Public Utilities

    James J. Creech

    Associate
    New Jersey

    Education

    • Elisabeth Haub School of Law at Pace University
      • J.D., cum laude
      • LL.M.
    • Monmouth University
      • B.A., magna cum laude

    Area of Practice

    • Environmental Law
    • Litigation
    • Public Utilities
    • Solar Energy
    • Telecommunications

    John F. Lushis, Jr.

    Member
    Pennsylvania

    Education

    • Pennsylvania State University Dickinson School of Law
      • J.D.
    • University of Notre Dame
      • B.S.M.E., cum laude

    Area of Practice

    • Business Law
    • Economic Development Law
    • Environmental Law
    • Mergers & Acquisitions
    • Solar Energy

    Milan D. Slak

    Member
    Pennsylvania

    Education

    • Villanova University School of Law
      • LL.M. in Taxation
    • Villanova University School of Law
      • J.D.
    • University of Toledo
      • B.B.A., cum laude

    Area of Practice

    • Business Law
    • Mergers & Acquisitions
    • Taxation
    • Estate Planning and Administration & Wealth Preservation
    • Franchise Law
    • Solar Energy
    • Venture Tech & Emerging Growth Companies

    Peter J. Connors

    Member
    New York

    Education

    • New York University
      • LL.M., Taxation
    • University of Richmond School of Law
      • J.D.
    • Catholic University
      • B.A.

    Area of Practice

    • Taxation
    • Solar Energy

    Rikki Lamatino Field

    Member
    New Jersey

    Education

    • University of Pennsylvania Law School
      • J.D.
    • Washington University
      • A.B., summa cum laude
      • Phi Beta Kappa

    Area of Practice

    • Banking & Financial Services
    • Real Estate, Finance, and Land Use
    • Solar Energy

    Vaughn Parchment

    Associate
    New Jersey

    Education

    • Rutgers Law School – Newark
      • J.D.
    • Hampton University
      • B.A., Psychology

    Area of Practice

    • Real Estate, Finance, and Land Use
    • Solar Energy
    • Business Law
    • Media Law & Creative Economy Practice

    News

    May 24, 2022
    Laura Miller Elected to 2022 Board of Directors of MSSIA
    August 19, 2021
    Fifteen Norris McLaughlin Attorneys Included in 2022 Best Lawyers® Lists
    May 26, 2021
    Norris McLaughlin Environmental Law Practice Group Highlighted Again in Chambers USA 2021
    November 5, 2020
    Norris McLaughlin Has Been Named a Tier 1 Metropolitan “Best Law Firm” in 11 Practice Areas by U.S. News – Best Lawyers® in 2021
    September 1, 2020
    Sixteen Norris McLaughlin Attorneys Recognized by Best Lawyers®
    November 1, 2019
    Norris McLaughlin Recognized in U.S. News – Best Lawyers® Best Law Firms For 10th Consecutive Year
    August 15, 2019
    Fifteen Norris McLaughlin Attorneys Named to 2020 Best Lawyers® List
    November 1, 2018
    Norris McLaughlin Recognized in U.S. News – Best Lawyers® Best Law Firms for Ninth Consecutive Year
    September 8, 2011
    Norris McLaughlin, P.A. Represents P&R Fasteners in 254.8 KW Solar Installation Deal

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