Energy distributors, developers, and operators are represented by Schwabe.
Energy Law Services for Developers, Utilities & Renewable Projects
Schwabe is a leading energy law firm providing legal counsel to energy generators, utilities, storage developers and integrators, data centers, and energy transportation businesses. From site selection and permitting to regulatory compliance and renewable energy development, Schwabe’s lawyers navigate complex legal landscapes at the local, state, and federal levels.
What Legal Services Does Schwabe Provide to Energy Developers?
Schwabe counsels energy developers through the many stages of the project life cycle, including:
- Site selection and acquisition
- Permitting and land use entitlements
- Operating permits
- Environmental compliance
Schwabe helps projects move forward efficiently and in accordance with applicable regulations.
At Schwabe, our lawyers understand how the business of energy generation and storage affects both developers and utilities. That full-spectrum understanding—from early-stage site assessment through operational support—positions Schwabe as a go-to firm for new energy generators and established utilities alike.
Strategic Legal Counsel on Permitting, Regulations & Agency Interaction
Schwabe provides strategic legal guidance on permitting, regulatory compliance, and agency engagement for a wide variety of energy projects, from alternative community initiatives, inventive renewable generation and storage projects, to utility-scale energy development. The firm draws upon our broad experience across local, state, and federal regulatory environments.
Through years of collaboration with county planning staff and state and federal agencies, the Schwabe team has developed a thorough understanding of the regulatory process—helping clients navigate permitting hurdles with confidence. Schwabe also maintains working relationships that strengthen trust between permittees and permitting authorities.
Schwabe lawyers have represented energy clients in dealings with:
- U.S. Army Corps of Engineers
- U.S. Environmental Protection Agency
- U.S. Department of the Interior
- U.S. Fish and Wildlife Service
- Bureau of Land Management
- Federal, state, and local agencies, tribal governments, and environmental NGOs
This depth positions Schwabe to advocate effectively for projects that allow energy clients to grow and thrive.
Renewable & Alternative Energy Development
Schwabe helps energy developers and utilities pursue renewable and alternative energy solutions—from solar and wind to biomass, small hydro, battery energy storage systems (BESS), and innovative nuclear energy projects.
Schwabe lawyers assist new energy startups and traditional utilities transitioning to new technologies, addressing concerns including:
- Intellectual property
- Project permitting and land use
- Environmental due diligence
- Transmission and ancillary service agreement negotiations
- Development project structuring
From early-stage development through project launch, Schwabe supports clients generating and storing renewable energy—helping steer markets toward a more sustainable energy future.
Energy Transportation Law in the Pacific Northwest
The Pacific Northwest serves as a global crossroads for the movement of energy resources, and Schwabe lawyers have provided guidance on energy transportation law in the region and advised on various projects, including:
- Natural gas pipelines
- Oil and ethanol transportation by rail and barge
- Coal trans-loading facility permitting
- Methanol production and transportation
Whether a project involves complex permitting, multi-agency coordination, or cross-border logistics, Schwabe provides the legal guidance that energy transportation businesses need to move forward.
Innovation Behind the Front Lines
Learn how Schwabe client Global Partners empowers front-line workers to innovate for good.
Representative Energy Experience
Energy Litigation
- Successfully defended a transloading oil facility against claims by environmental groups that the facility lacked the proper permit to continue operations. The environmental groups sought to shut the facility down and force it to pay a multi-million-dollar damages award. Following a four-day bench trial, the judge ruled in favor of the facility and denied the environmental groups’ request for relief.
- Represented an investor-owned utility in an appeal successfully defeating challenges to prior federal administrative decisions under the Northwest Power Act.
- Represented an investor-owned utility in an appeal successfully defeating challenges to Bonneville Power Administration’s final decisions on multi-billion-dollar settlement securing benefits for utility customers under the Residential Exchange Program of Northwest Power Act.
- Successfully represented a large investor-owned utility in complex federal litigation over the constitutionality of a city franchise ordinance.
- Advised a large investor-owned utility in ongoing efforts by cities to form municipal utilities and condemn utility facilities.
Energy Regulation and Agency Action
- Assisted a national solar industry trade group with end-of-life regulation issues for solar panels.
- Assisted utility clients with regulatory filings before the Federal Energy Regulatory Commission, Oregon Public Utilities Commission, and other regulatory agencies.
Energy Real Estate, Land Use, and Permitting
- Advised energy companies on leasing, acquisitions, dispositions, and land use matters across the Pacific Northwest.
- Conducted due diligence and advised regarding land use applications for potential electrical transmission substations at a variety of sites in central and southern Washington.
- Advised lender on real estate, environmental, and tax matters for ten-figure sale-leaseback financing of wind project.
- Advised developer on land use permitting for development of renewable natural gas facilities in Washington and Oregon.
- Advised developers on purchase of landfills and other brownfields for solar development.
- Assisted utility with easement acquisitions for new transmission lines.
- Assisted with permitting a number of electrical transmission projects throughout Oregon. Such work included regulatory due diligence analysis, obtaining and defending land use permits, and assistance with energy facility site certificate applications before the Oregon Energy Facility Siting Council.
- Advised a client on permitting a large energy development project requiring a Clean Water Act 404 permit and provided strategic advice on compliance with federal National Environmental Policy Act (NEPA) processes.
Energy Business Corporate, Financing, and Acquisition
- Assisted new large single load (NLSL) customers with power supply options.
- Assisted developer on site control and financing for ten-figure renewable energy project.
- Assisted developer in acquisition of nine-figure renewable energy portfolio.
- Advised lender on Bald and Golden Eagle Protection Act risks on wind project as loan collateral.
Renewable Energy Development
- Managed all local due diligence, including real estate, land use, environmental, and tax, for $225 million sale-leaseback financing of wind project.
- Represented utility in multi-state conveyance of land and associated energy generation facilities involving complex title and regulatory issues.
- Assisted international renewable energy developer in obtaining site control via ground leases, lease options, and easements over thousands of acres for development of combined solar, wind, and battery storage (BESS) projects.
- Represented numerous utility-scale solar developers, in both traditional solar and agrivoltaics, in obtaining necessary entitlements at county and state levels.
- Negotiated with landowners and another renewable energy developer to co-locate a solar project with existing wind leases and utility infrastructure.
- Represented a utility in complex real estate transactions involving federal entities, regulatory overlays, and numerous overlapping easements.
- Provided strategic permitting advice for a highly contested project before Oregon’s Energy Facilities Siting Council (EFSC), including local outreach and political strategy consultation.
- Advised local, national, and international wind and BESS developers on site control and permitting matters.
- Negotiated with state agencies on behalf of municipal entity to develop electric vehicle project.
- Represented solar developer in construction loan transaction financing transaction involving complex title curative issues.
- Performed land use due diligence and advised developer regarding siting and permitting for BESS projects in Oregon and Washington.
- Advised a client who proposed to develop a renewable natural gas facility through the Oregon Energy Facility Siting Council (EFSC) approval process.
- Drafted arguments supporting a client’s renewable diesel facility development, including responses to public comments.
- Successfully obtained local government approvals for a major regional renewable diesel production plant and associated improvements.
- Represented client in environmental diligence on the acquisition of a renewable energy facility with assets of $75 million.
- Negotiated on behalf of a landowner for more than a million dollars in additional rent for a solar project.
- Led environmental due diligence for $225M wind project repower and refinance transaction.
- Advised renewable energy clients on federal and state taxes, including qualification for tax incentive programs and determination of potential tax burdens for more accurate project proposals.
Renewable Energy & Battery Storage Real Estate, Land Use, and Permitting
- Advised and participated in negotiating and obtaining land use approval for a large solar project in Washington.
- Managed land use due diligence for $225 million wind project repower and refinance transaction.
- Spearheaded successful 300 MW solar and battery storage facility land use permit in eastern Washington.
- Participated in projects analyzing substation siting, transmission line permitting, battery storage stormwater requirements, and renewable energy repower financing.
Energy Development in Indian Country or with Alaska Native Corporations
- Counseled national energy company in permitting for numerous operations in multiple western states and Indian reservations, including vast coal mine operations on federal land, state, and private land.
- Represented hydroelectric pumped storage developer permitting two closed-loop pumped storage facilities under the jurisdiction of a federally recognized Indian tribe including securing federal and tribal approvals for land, water, and rights of way.
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