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Practice/Industry Group Overview
Miller Nash's energy experience represents a broad spectrum of projects and initiatives, transactions, and litigation. Whether our clients are producers, consumers, utilities, manufacturers, or service industries, Miller Nash lawyers take a long-term, strategic approach and apply common sense to help them improve their profitability.
The firm represents the energy industry and communications clients in the following areas:
- Regulatory
- Real Estate
- Environmental law and regulations
- Financing options, including project finance
- Governmental relations and public policy
- Construction
- Land use, including colocation issues
- Securities issues and initial public offerings
- Transactions
Experience Includes:
- Negotiation and documentation of transactions to obtain and sell "green tags" and other environmental attributes from the generation of electricity by wind turbines, solar energy, and hydroelectric facilities
- Negotiation and documentation of financing transactions for "green" power facilities, including wind, solar, and hydroelectric projects
- Negotiation and documentation of transactions involving grants to property owners for the installation of "green" building materials and energy systems in commercial building and residences
- Structuring, negotiation, and documentation of transactions qualifying for energy tax credits
- Structuring, negotiation, and documentation of transactions qualifying for tax credits for producing fuel from a nonconventional source, such as biomass gas
- Resolutions of private disputes involving regulated utilities before state utility commissions
- Permits and approvals from local, federal, and state government agencies for new power projects, including land use, water rights, siting, and public right-of-way
- Administrative adjudicative proceedings before state agencies, including rate cases
- Contracts involving colocation, franchises, licensing, mergers and acquisitions, real estate, and rights-of-way
- Regulatory approvals and compliance¿¿at the federal level and in numerous states
- Real estate matters, including construction, ground leasing, purchase agreements, cotenancy agreements, and many others
Project development, including acquisition, construction, financing, and operations
Financing, including public and private placement of securities
Drafting, analysis, and ongoing monitoring of legislation at the state and federal levels
Taxation issues involving utilities, tax disputes, corporate restructuring, state and federal property tax proceedings, and excise tax proceedings
Representation in environmental, health, and safety disputes or negotiations with state and federal environmental regulatory agencies
Corporate governance disputes or litigation
Litigation and arbitration of matters involving construction, operations, maintenance, fuel supply, power purchases, and other agreements and tariffs
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