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Wind & Solar Energy

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Overview

Foulston was involved with Kansas’ first two utility-scale wind energy projects, and the firm continues to serve as a key local counsel advisor ever since, representing parties in more than 30 wind and solar energy projects in Kansas, Missouri, and Oklahoma. Renewable energy project evolution makes it more important than ever to work with a legal team like Foulston’s that delivers industry insight – beyond the applicable law, to include knowledge of local custom, policy, trends, and changes. Industry clients include project developers, project managers, county regulators, land owners, utilities, manufacturers, and suppliers.

In addition to renewable energy law and custom representation, Foulston delivers efficient and coordinated legal support from the firm’s top-ranked leading lawyers in relevant practice areas (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
  • Project Site Control, Development, Diligence, Permitting, Zoning, and Regulatory Approvals
  • Project Leases, Easements, and Rights-of-Way
  • State and Federal Tax, Incentives, and Credits
  • County Agreements and Permitting
  • Project Finance/Equity Investments
  • Third Party Cooperation, Consent, 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
  • Environmental and Cultural Impacts
  • Title and Survey Issues
  • Construction Contracts
  • Power Purchase Agreements
  • Power Transmission and Interconnection
  • Wind Turbines and Other Project Components: Sales, Operation, Maintenance, Manufacturing
  • Labor Issues
Experience
  • Represented project developers, project managers, county regulators, or land owners, regarding more than 30 wind and solar energy projects.
  • Real estate local counsel for party acquiring interests in and developing wind energy projects of approximately 419 megawatts spread over 66,000 acres, and an additional approximately 240 megawatts over additional acreage.
  • Local counsel for national renewable project developer regarding approximately 200 megawatt wind energy project.
  • Local counsel for an international renewable 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 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, to facilitate transfer of renewable project income stream separate from project lease.
  • Represented national leader in sales and installation of distributed wind energy projects, including Vestas, Gamesa, Northern Power, and Endurance turbines.
Presentations

2014

  • Signed, Sealed, Delivered, I’m Yours: Wind Turbines, Cell Towers, & Billboard Agreements - Getting Comfortable with Odd-Shaped Objects (Wichita Bar Association)‚Äč

2012

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

2011

  • Issues Related to Wind Energy Transactions from a Construction and Real Estate Perspective (Kansas Bar Association, Faculty presenter of “Energizing the Law Practice” seminar)