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Wind Energy

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Overview

Foulston Siefkin was involved when Kansas’ first two utility-scale wind energy projects went online in 2001 and 2005. And Foulston has been a key local counsel wind energy legal advisor ever since – involved in the growing industry from the start, representing parties in at least 30 wind energy projects.

As the wind industry continues to evolve, it is important to work with a legal team familiar not only with the local law, but which also delivers Foulston's knowledge of local custom, policy, trends, and changes. The firm is ideally positioned for legal matters relating to the wind industry for projects in Kansas, Oklahoma, and Missouri. Industry clients include project developers, project managers, county regulators, land owners, utilities, manufacturers, and suppliers. We understand wind energy development, generation, and transmission. As a top-ranked full-service Midwestern law firm, we provide leading lawyers in relevant wind energy practice areas for complete and efficient solutions from one firm (e.g., real estate, environmental/cultural, construction, taxation, local and state regulatory, finance, general business/M&A, litigation, and employment and labor). Foulston’s Midwest location and broad range of professionals translates to services staffed by professionals at competitive rates.

Areas of Representation
  • Access and Siting
  • Project Finance/Equity Investments
  • Project Siting, Development, Diligence, Permitting, Zoning, and Regulatory Approvals
  • Power Purchase Agreements
  • Wind Turbines and Other Project Components: Sales, Operation, Maintenance, Manufacturing
  • Power Transmission and Interconnection
  • State and Federal Tax, Incentives, and Credits
  • Environmental Impact
  • Wind Farm Project Leases, Easements, and Rights-of-Way
  • Cooperation and Accommodation Agreements
  • Interplay with Oil and Gas Leases, Easements, Lienholders, Farming Leases, Hunting Leases, Government Program Contracts, and other Co-Existing Real Property Interests
  • Title and Survey Issues
  • Construction Contracts
  • Labor Issues
  • Distributed Wind
Experience
  • Representation regarding at least 30 wind energy projects. Almost half of those projects involved serving as local counsel to wind project developers or owners. Others involved serving as counsel to landowners in proposed wind energy projects. Representation included leading firm's team in: reviewing and negotiating wind project easements, leases and other project documents; advising on state and local permitting, environmental, taxation, tax exemption and regulatory compliance; evaluating and solving land title issues, third party consents and cooperation agreements; and PILOT and county agreements.
  • Real estate local counsel for party acquiring interests in and developing wind energy projects of approximately 419 megawatts spread over 66,000 acres, and approximately 240 megawatts.
  • Represented national leader in sales and installation of distributed wind energy projects, including Vestas, Gamesa, Northern Power and Endurance turbines.
  • Local counsel for an international wind project development and management company regarding wind energy projects and potential development, including three projects totaling approximately 650 megawatts and approximately 180,000 acres.
  • Representation of wind project development and management company regarding approximately 74-megawatt wind energy project.
  • Local counsel in $150,000,000 financing of electric transmission assets across 14 counties.
  • Advising of alternatives, and negotiating and drafting documents, related to potential transfer of wind project income stream owed to landowners.
Presentations

2012

Wind Project Title Insurance: Breeze through the Issues (Kansas Land Title Association)