Energy Project Permitting & Real Estate

Kaplan Kirsch is nationally recognized in energy project permitting and real estate law, advising developers of solar, wind, geothermal, energy storage, transmission, biomass, hydroelectric, hydrogen electrolyzer, and microgrid facilities on all phases of the process. Our practice spans the country, with particularly deep expertise in California, Colorado, and on federal public lands.

We guide project proponents through the full spectrum of local, state, and federal permitting processes—from dense urban sites and airport properties to remote wilderness areas and sensitive federal lands. Our experience covers a wide range of environmental, historic, and social resource issues that define modern energy project development and permitting, including:

  • Endangered species and critical habitats
  • Wetlands
  • Historic resources
  • Air and water quality
  • Environmental justice
  • Community impacts
  • Noise
  • Coastal resources

Securing land rights for an energy project can be as consequential as the permit itself. Our attorneys handle a range of commercial real estate transactions necessary for project development, including purchase and sale agreements, leases and easements, project financing, surface use agreements, and construction and procurement contracts.

Kaplan Kirsch has a proven track record in the most complex development environments. We counsel clients redeveloping former power plant sites, converting landfills and brownfield properties into productive renewable energy facilities. Our team is adept at navigating the layered environmental and permitting requirements those sites present. We also advise airport sponsors and energy project developers on solar, storage, and microgrid projects on airport property.

Kaplan Kirsch brings decades of focused experience in energy project permitting, federal lands law, and energy real estate. Our attorneys have held leadership roles at federal agencies, authored regulatory guidance, and represented landmark projects that have shaped the legal frameworks governing renewable energy development today.

Representative Experience

Negotiating Mitigation Obligations: Represented a California solar-plus-storage developer in negotiating mitigation obligations under the California Mitigation Fee Act (MFA) and applicable permitting and environmental review requirements.

Solar Projects: Represented the developer of multiple 100+ MW Colorado solar projects in securing real estate agreements, managing complex title review across adjoining parcels, and navigating archaeological and Endangered Species Act (ESA) issues. Also prepared projects for sale, including renegotiating power purchase agreements (PPAs) and developing regulatory approval strategies.

Securing Interstate Transmission Line Land Rights: Represented the developer of a ~300-mile high-voltage interstate transmission line in securing all necessary land rights by drafting form options, easements, and survey permission agreements. Also negotiated proposed changes to forms with individual landowners and guided the developer through regulatory and land use approvals across multiple jurisdictions.

Geothermal Projects: Advised on permitting, regulatory compliance, and mitigation arrangements with local and federal agencies in connection with the re-powering of a 45 MW geothermal facility complex in Mono County, California.

Solar Facilities on Landfill Sites: Represented a national waste management company in developing solar facilities on active and closed landfill sites nationwide, coordinating permitting approvals sensitive to site environmental conditions and negotiating site access agreements, leases, and other real estate contracts.

Solar-based Microgrid Project: Advised on the legal formation, regulatory strategy, and permitting plan Oakland Ecoblock, a novel project combining a multi-rooftop solar microgrid, deep residential efficiency and electrification retrofits, and electric vehicle (EV) car sharing in Oakland, California.

Wind Projects: Represented a developer on state and federal environmental review, permitting, and litigation defense for a 315 MW wind project and related infrastructure on federal and state lands in Imperial County, California. Completed all processes in 18 months to meet key financing deadlines.

Navigating NEPA Processes: Represented a solar developer in navigating National Environmental Policy Act (NEPA) processes, Federal Aviation Administration (FAA) review, and local permitting requirements for solar projects and associated transmission infrastructure on airport property across multiple states.

Related Practices

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