Energy Law

Cities, institutions and businesses are demanding increasing access to competitively priced, reliable, renewable energy.  Backup power generation is a requirement for certain entities in Florida. Renewable micro-grids, often including solar and storage, are increasingly viewed as a component of resilience.  The complex regulatory market for energy procurement, distributed generation, and customer owned generation in Florida requires navigation of the Public Service Commission’s (PSC) regulatory processes, unique contractual arrangements, and may involve negotiations with the utilities for project development.

Pathman Lewis represents solar developers, electric vehicle (EV) charging companies, EV manufacturers, municipalities, institutions, developers, large energy consumers, and financial institutions in navigating the regulatory, contractual, permitting and legal matters connected to deployment of clean energy, energy efficiency, and electrification infrastructure.  We work with developers of clean energy projects to negotiate agreements with utilities, address interconnection issues, resolve regulatory disputes before the Public Service Commission and navigate siting and land use approvals for projects.  We represent renewable energy developers, qualifying facilities under PURPA, EV and EV infrastructure industries, and large consumers in dockets before the Public Service Commission.  We serve renewable energy developers and parties financing debt and tax equity to provide regulatory due diligence on renewable energy projects.

Additionally, the energy performance of buildings is a consideration in real estate transactions, as the cost impact of energy usage on operations can be significant.  Building energy performance can be determined through ASTM and other scopes that require specific components for energy audits.  Through due diligence around energy disclosures we work to reduce our clients’ exposure to liability around such disclosures in real estate transactions. Sustainability and green building practices are increasingly integrated into the leasing process through pass-through clauses to pass energy efficiency investment costs to tenants, operations clause that provide for the building to operate in a manner that reduces environmental impacts, rules regarding sustainable purchasing, reporting mechanisms and energy benchmarking.  We work with our clients to incorporate these measures into transactions in a manner that can lead to operational cost savings and favorable outcomes in real estate and leasing transactions.

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Energy Law