Renewable Energy & Storage Project Transactions

Kaplan Kirsch advises private and public sector clients across the full lifecycle of renewable energy and storage project transactions, from early-stage development through acquisition, financing, and sale. Our practice spans solar, wind, geothermal, energy storage, transmission, biomass, hydroelectric, and hydrogen electrolyzer projects, positioning clients to move efficiently and confidently in an increasingly competitive clean energy market.

Successful renewable energy project transactions begin long before construction. We guide clients through every stage of project development, including responding to requests for proposals (RFPs) and other solicitations, securing site control, and obtaining the regulatory approvals needed to advance projects. Our team negotiates the key project agreements that determine long-term project viability, including:

  • Power purchase agreements (PPAs)
  • Energy service contracts
  • Interconnection and transmission agreements
  • Engineering, procurement, and construction (EPC) contracts
  • Operation and maintenance agreements

We also bring deep experience coordinating with mineral owners and negotiating surface use agreements.

Kaplan Kirsch represents buyers and sellers in mergers and acquisitions (M&A) transactions involving energy project portfolios and companies across the technology spectrum. Our counsel covers legal due diligence, bid and project structuring, asset purchase agreements, and stock purchase agreements—giving clients the transactional support they need, whether acquiring a single-asset project or a multi-technology clean energy portfolio.

Representative Experience

Solar Project Agreements for Underserved Communities: Provide ongoing transactional counsel to GRID Alternatives, a nonprofit advancing equitable clean energy access and supporting community-, utility-, commercial-, and residential-scale solar projects across multiple states and on tribal lands. Work includes drafting and negotiating engineering, procurement, and construction (EPC) contracts; build-transfer agreements; purchase and sale agreements; interconnection agreements; community solar subscription agreements; leases; and easements.

Colorado Solar Portfolio Sale: Represented a developer of multiple 100+ MW solar projects in securing real estate agreements, managing complex title review across adjoining parcels, and addressing archaeological and Endangered Species Act (ESA) issues. Also renegotiated power purchase agreements (PPAs) and developed a regulatory approval strategy in preparation for sale.

Purchase of Portfolio of Renewable Projects: Represented a large infrastructure fund in evaluating the potential acquisition of a company owning and operating a portfolio of hydroelectric and solar energy facilities, including diligence energy revenue streams across multiple regulatory frameworks.

Multistate Transmission Project Development: 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.

Hydrogen Electrolyzer and Gas Blending Facility: Represented a natural gas power plant owner in drafting and negotiating development and sale agreements for a co-sited hydrogen electrolyzer blending hydrogen gas (produced from excess renewable energy) with natural gas.

Inaugural Electric Cooperative Power Procurement: Advised an electric cooperative association in soliciting and negotiating a uniquely structured power purchase agreement (PPA) for a firm energy product ahead of the cooperative's partial exit from its long-term wholesale supply contract, involving a mix of local demand-side, local utility-scale, and geographically diverse generation and storage resources.

Mothballed Peaking Plant Sale: Represented an independent power producer (IPP) in selling a natural gas-fired peaking facility with an expired PPA to a major electric utility, negotiating the purchase and sale agreement, securing state regulatory approval, and helping negotiate a multi-party settlement to resolve the proceeding.

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

Related Practices