Renewable Energy

  1. Home
  2. About Rodey Law Firm
  3. Representative Matters
  4. Renewable Energy

Renewable Energy

  • Since 2015, we have consistently assisted affiliates of Pattern Energy Group Inc. in their development of a number of wind and solar generation projects and related transmission projects in New Mexico. Our work has included advising on lease, easement and other real property matters, as well as significant construction and related agreements, reviewing and drafting contracts, construction-related lien waivers, and other documents, participating in negotiations with the staff of the New Mexico Public Regulation Commission to obtain necessary authorizations, evaluating environmental and other permitting requirements, and serving as New Mexico counsel in major industrial revenue bond and other financing transactions.
  • We served as New Mexico counsel to the renewable power division of a global investment management corporation, on behalf of accounts under management (collectively, the “company”), in connection with the company’s purchase of significant interests in New Mexico wind ranch projects in Roosevelt County, New Mexico owned by a foreign renewable energy developer and operator of renewable energy projects (the “developer”), as part of the company’s purchase of a significant interest in a portfolio of the developer’s wind farm projects in the United States. Our work included significant diligence relating to permitting, regulatory (including relating to certain utility, environmental and other matters within or arguably within the jurisdiction of certain New Mexico agencies), tax credit and other tax matters, and real property matters, assistance with drafting of agreements and evaluation of leases and bond documents in place, and a host of other related matters.
  • We served as New Mexico counsel to a major United States lender in a loan to a leading Fortune 200 energy company producing wind and solar energy, secured, in part, by wind farms, including a wind farm/wind energy electrical generation facility in Cibola County, New Mexico. Our work included the performance of significant diligence relating to the collateral, including review and comment on a number of lease and related documents, including guaranties, easements, donation agreements, deeds, and options, as well as survey and title documents, bond documents, tax matters, and permitting and regulatory matters, as well as review and mark-up of financing documents.
  • We served as New Mexico counsel to a major lender and the tax equity investor in connection with the lender’s loan to, and the tax equity investment investor’s participation in, a solar energy project company and its solar energy project in Luna County, New Mexico, developed by a leading renewable energy developer and sponsored by a leading renewable energy investor and developer. Our work included assisting with due diligence and related investigations into the following areas and/or matters of New Mexico law: analysis of financeability of lease, review and comment on agreements and documents relating to real estate and title, as well as title insurance, mortgage/deed of trust and security agreement-secured financing, land use, bond financing, energy and related regulation and permitting, natural resources, construction, and taxation.
  • We served as New Mexico counsel to a consortium of global private equity firms (collectively, the “companies”,) in connection with their evaluation for acquisition and ultimate acquisition of a gas-fired electric plant in Lea County, as part of their acquisition of a portfolio of power –related facilities from a large company that generates electricity. We provided extensive assistance with analysis of tax matters and with permitting requirements and regulatory consent requirements implicated by the transfer.
  • We served as New Mexico counsel to a group of lenders in a large pre-bankruptcy financing to an energy resources company with considerable assets in New Mexico, including mineral-bearing properties and water rights, that served as collateral for the loan, and in the lenders’ later acquisition of the assets through purchase in the bankruptcy. Our work involved assistance with the structuring of the loan, including vis a vis utility and other significant creditors, drafting of the loan and acquisition documents, as well as with analysis of the collateral and regulatory matters implicated by their encumbrance, and with a variety of related matters.
  • We have served as outside counsel to Louisiana Energy Services, LLC (the “company”), since it acquired a presence in New Mexico nearly 20 years ago. In that connection, we have had a significant role in providing legal services relating to the company’s development and operation of the national enrichment facility, which provides uranium enrichment services for power generation. We assisted with the creation of the local economic development district through which the real estate making up the site was acquired through swaps with the State Land Office (“SLO”), and we assisted in the negotiation and documentation of the acquisition of properties to be exchanged in the swaps, as well as the negotiation and documentation of the SLO swaps, as well as in the negotiation and documentation of related properties, both for the swaps and in addition to the swaps. We have assisted with a host of matter relating to the acquisition of additional leasehold and fee properties, , as well as water rights, and the investigation of mineral rights and related properties, including for acquisition, and we have assisted in-house counsel in the handling of a number of operation-related matters, including some involving regulatory agencies of the State of New Mexico, the United States of America, and other parties. We also have negotiated and documented easement, water line and a host of other agreements relating to the company’s operations.
  • We have served as New Mexico counsel to an explorer and developer of US-based mineral resources essential to clean energy production, including uranium, in connection with financing and other matters relating to assets located in New Mexico, including comment on loan documents and the issuance of legal opinions.
  • Including particularly within the last year, we have represented sellers selling to energy companies, and energy companies purchasing from sellers, tens of thousands of acres of ranch lands in the Permian Basin, including related water and mineral interests, all to be used in connection with energy production. These matters presented a multitude of permitting and mineral rights issues, as well as title and property-related issues, with the title insurance policies including hundreds of exceptions, including for surface use agreements between the ranches’ owners, mineral lessees, as well as water, salt water disposal users and others. Consents were required to be negotiated and obtained in the case of a number of the recorded agreements encumbering the property. The representation required a number of subdivision exemption approvals, as well as subdivision out of the purchase property of a land farm used for oil wastes disposal. We worked on drafting of the documents, as well as on satisfaction of title company requirements, permitting, mining, and all nature of diligence issues.
  • We have represented a number of Central New Mexico rancher-landowners in negotiating and drafting leases and other project documents with wind energy developers.
  • We have served as counsel for a major industrial energy user in negotiations with the State Land Office and Private landowners for a solar generating project.
  • We have represented an owner of a wind generating project in a multi-state financing.
  • We have advised a wind generator on the New Mexico legislative process.