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Wind Energy

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Overview

Foulston Siefkin was involved on behalf of landowners with Kansas’ first two wind energy projects, which went online in 2001 and 2005. Our firm has remained involved in this emerging and growing industry since then, working with at least 24 wind energy projects. We are ideally-positioned for legal matters relating to the wind industry regarding projects in both Kansas and Oklahoma. Our industry clients include project developers, 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 related areas for complete efficient solutions from one firm (e.g., real estate, environmental, construction, taxation, local and state regulatory, eminent domain, finance, general business/M&A, litigation, and employment and labor. Foulston’s Midwestern location and broad range of professionals also allows work to be staffed by professionals at competitive rates.

Kansas ranks 9th within the United States for installed megawatts of utility-scale wind projects (2967 MWs; 26 projects online), and 3rd within the United States for in-state energy produced from wind (19.4%). Plus, Kansas continues to expand its wind industry manufacturing and technical support footprint, and the state’s transmission grid. Comparable to Kansas, Oklahoma ranks 4th within the United States for installed megawatts of utility-scale wind projects (3782 MWs; 33 projects online), and 7th within the United States for in-state energy produced from wind (14.8%).

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 Accomodation 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 24 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.
  • Advise of alternatives, and negotiate and draft documents, regarding potential transfer of wind project income stream owed to landowners.
Presentations

2012

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