The South Dakota Supreme Court recently issued an opinion that substantially clarifies what constitutes a disqualifying conflict of interest under South Dakota law in the context of local zoning.
Fredrikson & Byron’s full service team of professionals assist with renewable energy project development, construction and finance needs as well as the sale and acquisition of renewable energy development assets and operating facilities.
We are active participants in key trade organizations, including:
What We Do
Fredrikson & Byron’s team of legal professionals have substantial experience in managing the development and financing of renewable energy projects. With 20 attorneys and paralegals dedicated to support renewable projects, we have the expertise and experience to assist with all phases of project development, including financing and acquisition and divestiture needs.
Fredrikson’s Renewable Energy Group has been serving clients, from around the world, in the renewable energy sectors for over two decades. We have assisted clients in the development of some of the Midwest’s largest wind energy projects, community wind projects and solar energy projects.
Our experienced team of attorneys practice in the wind, solar and biomass energy, and transmission electric power sectors. We represent domestic and international utilities, renewable energy developers, municipalities, transmission companies, as well as financial institutions, banks and private equity companies that invest in renewable energy assets. Our work also extends to the supply chain, as we represent manufacturers, service and construction companies that operate within these energy sectors.
We provide a comprehensive range of services, including project development management, real estate, permitting and regulatory, commercial transactions, financing, mergers and acquisitions, government relations, intellectual property, construction and litigation.
Our team routinely handles project development matters, including real estate, permitting, commercial, supply and construction contracts, power purchase agreements, and debt and equity financing. We assist clients in the acquisition and divestiture of energy assets, service companies and manufacturing operations.
Our attorneys understand the variety of government tax incentive programs available to support renewable projects. We have structured and closed renewable energy transactions involving the production tax credit and investment tax credit, the 1603 grant, grant and guaranteed loan projects from various federal agencies including the USDA, and state incentives for renewable energy and clean technology.
We have assisted international, national and regional companies to complete renewable energy projects throughout the United States and Canada, negotiate joint venture agreements and acquire portfolio assets and companies.
Select wind energy projects include:
- Sunflower Wind, LLC – financing of 100 MW wind energy project in North Dakota.
- SunEdison Utility Holdings, Inc. – acquisition and development of the Sunflower and Antelope Hills wind projects in North Dakota.
- Black Oak Wind Project – development and sale of a 78 MW wind project located in Minnesota.
- Grant County Wind Project – acquisition of a 50 MW operating project located in Minnesota.
- Geronimo Energy, LLC – Portfolio sale of wind and solar projects located in Illinois, Nebraska and Minnesota to BHE Wind, LLC.
- Highland Wind Energy, LLC – development and sale of a 400 MW wind project in NW Iowa.
- Northwest Ohio Wind Farm, LLC – development of a 400 MW wind project located in Ohio.
- Courtenay Wind Farm, LLC – development and sale of a 200 MW wind project located in North Dakota.
- Odell Wind Farm, LLC – development and sale of a 200 MW wind energy project located in Southern Minnesota.
- Prairie Rose Wind, LLC – development and sale of a 200 MW wind energy project located in Southwestern Minnesota that includes a 27 mile transmission line through South Dakota.
- Huron Wind, LLC – development of a 200 MW wind project located in Michigan.
- I-90 Wind, LLC – development and sale of a 150 MW wind project located in Southern Minnesota.
- Elm Creek, LLC – development and sale of a 150 MW wind project located in Minnesota
- M-Power, LLC – development and sale of a 150 MW wind project in North Dakota.
- Kimball Wind Farm, LLC – development and sale of a 100 MW Minnesota project located in Jackson County.
- Trimont Area Wind Farm – development and sale of a 100 MW Minnesota project located in Martin County, Minnesota, and is one of the nation’s largest landowner-developed wind farms and Minnesota’s first commercial-scale, landowner-developed wind farm.
- Shelbyville Wind, LLC – development and sale of a 50 MW wind project located in Southern Minnesota.
- Ridgewind Power Partners, LLC – development financing of a 50 MW wind project located in Minnesota.
- Lakeswind Power Partners, LLC – development and sale of a 49 MW wind project located in Minnesota.
- Adams Wind Generations, LLC – 20 MW and Danielson Wind Farm LLC – 20 MW – These projects included financing and development of the Adams Wind Generations and Danielson Wind Farm projects totaling 40MW in Southwest Minnesota. Fredrikson provided the project legal services related to all aspects of development and assisted the client in negotiating financing with JP Morgan.
- Marshall Wind Farm – development, financing, joint venture of a 20 MW wind project located in Marshall, Minnesota.
- Odin Wind Farm LLC – development, financing, joint venture of a 20 MW facility located near St. James, Minnesota.
Our recent solar development experience includes:
- PRC Solar – assisted in sale of 2 MW of community solar gardens.
- Minnesota Solar Gardens – assist in development of over 100 MW of community solar projects.
- Aurora Distributed Solar, LLC is a 100 MW distributed solar facility located in Minnesota that is comprised of 16 separate facilities, between 2 to 10 MW, utilizing the distribution system.
- St. John’s University – Best Power Intl., LLC’s 400 kW solar project at St. John’s University is a large solar power facility in Central Minnesota. The project was financed in part by customers of Xcel Energy through a grant from the Renewable Development Fund, a Treasury Grant and owner equity. Fredrikson provided legal services related to the development and financing of the project.
- Minneapolis Convention Center – Best Power Intl., LLC’s 600 kW solar project at the Minneapolis Convention Center is a large solar power facility located in downtown Minneapolis, Minnesota. Fredrikson provided the legal services related to the development and financing of the project.
We have over 30 years of experience in permitting, licensing and certification of high voltage transmission lines and condemnation of land to move projects forward. Please see our Energy Regulation & Permitting practice area for detail.
SERVICE PROVIDERS, MANUFACTURERS and SUPPLIERS
We assist industry service providers who support the development, construction and operation of renewable energy projects. We work with public and private companies that manufacture wind turbines or key components of the wind turbine supply chain. We also work with investors and private equity firms that provide capital to industry service companies and suppliers, and assist such firms and companies in the merger and acquisition of industry participants.
We represent European and Asian developers, investors and manufacturers in their expansion into the U.S. market place.
News & Articles
January 11, 2021
Fredrikson & Byron acted as legal counsel to Renew Energy, Inc. and its subsidiaries in its sale to Takkion Holdings LLC.
IRS Extends Start of Construction Safe Harbor for Offshore Wind and Renewable Energy Projects Located on Federal Land
January 11, 2021
In recognition of the unique challenges developing offshore wind projects and energy projects on federal land, the IRS recently issued Notice 2021-05, extending the Continuity Safe Harbor for “Offshore Projects” or “Federal Land Projects” to ten years.
December 29, 2020
The second round of COVID-19 stimulus that was just signed into law includes extensions to renewable energy tax credits for solar, wind and other renewable energy projects as well as a standalone investment tax credit for offshore wind.
Recent FERC Complaint Filed by Demand Response Aggregator Could Significantly Impact MISO Wholesale Market
November 5, 2020
The nonprofit legal aid organization Earthjustice recently filed a complaint with FERC on behalf of Voltus against MISO.
September 1, 2020
The Federal Energy Regulatory Commission recently accepted a proposal by the Midcontinent Independent System Operator, Inc. to revise its tariff to allow for storage facilities to be classified as transmission-only assets in the MISO Transmission Expansion Plan and receive cost recovery under the MISO tariff on the same basis as other MTEP projects.
May 28, 2020
The IRS issued Notice 2020-41 which provides some welcome relief to wind project developers struggling to construct and place their projects in service in the face of construction, interconnection and procurement delays stemming from the COVID-19 pandemic.
May 26, 2020
On May 22, 2020, the Iowa Utilities Board opened a rulemaking proceeding that will change 20 years of precedent on siting of wind farms and, for the first time, establish rules aimed directly at siting solar projects and energy storage projects.
May 11, 2020
The Federal Energy Regulatory Commission (FERC) recently issued two orders denying rehearing and providing additional clarification of its new Minimum Offer Price Rule (MOPR)
May 8, 2020
The Office of Legislative Affairs at the Department of Treasury sent a short letter on May 7 to Senator Grassley, the Chairman of the Senate Committee on Finance, that it intends to extend the Continuity Safe Harbor under the existing Treasury guidance for the Production Tax Credit and Investment Tax Credit.
March 25, 2020
On March 16, 2020, the Department of Commerce, Energy Environmental Review and Analysis issued its Recommendations on Review of Solar and Wind Decommissioning Plans.
July 17, 2019
Fredrikson & Byron acted as legal counsel to Geronimo Energy in its $100 million sale to National Grid Ventures.
May 8, 2019
Fredrikson & Byron attorneys Bret A. Dublinske and Brant M. Leonard captured victories in two separate cases before the Iowa Supreme Court on May 3, 2019.
August 7, 2017
On October 3-4, 2017, our Renewable Energy Group is proud to sponsor, host and participate in the Ninth Annual Conference on Legal and Business Development for Renewable Energy in the Midwest, presented by Law Seminars International (LSI).