Energy & Telecommunications

Offshore & Onshore Wind Power

Offshore and onshore wind projects are large and complex undertakings. From conception, to development, to full implementation, progress is dependent on implementing an approach that makes a client’s project inevitable. This strategy requires anticipation of key issues in permitting, skilled public relations, and vigorous prosecution of winning arguments. With every project, we stay focused on effective strategies that minimize controversy and risks, diminish costs, and increase inevitability.

Unparalleled Development Success in New England

Preti Flaherty has been at the forefront of a number pivotal offshore and onshore wind projects in New England. We had the unique experience of being the regulatory counsel to the only existing offshore wind power project pending in Maine—Maine Aqua Ventus—the first floating offshore project in New England to be awarded a term sheet by a governmental authority. 

Beyond Maine, Preti Flaherty has been instrumental in a number of wind power development projects. For example, our Energy lawyers negotiated a Joint Development Agreement between Deepwater Wind Rhode Island, LLC, the Office of Energy Resources, and the Rhode Island Economic Development Corporation (on behalf of the Rhode Island Governor and Commissioner of Energy) that advanced the 30 MW pilot wind power project, which could be followed by a 110 MW expansion, off the coast of Rhode Island. In addition, we have represented Renewable Energy Systems Americas, Inc. (RES Americas) in identifying and assessing the feasibility of large-scale wind projects in the northeast United States and in Maritimes Canada.

The firm’s deep experience with renewable energy projects, including hydro (river as well as pump storage), tidal, biomass, waste-to-energy, geothermal, fuel cells, and solar (both passive and active), compliments our ability to provide counsel for offshore and onshore wind power projects.

Government Affairs Acumen

Preti Flaherty's energy and environmental attorneys have been immersed in the establishment of the legislative and regulatory paradigms governing the development of renewable power projects since the 1990s and continue to be immersed in the area from both a project development and legislative/regulatory development perspective.

Our lawyers and lobbyists have been involved in every significant piece of renewable energy legislation in New England, whether defending Renewable Portfolio Standards, promoting local and community net metering projects, lobbying on governmental renewable power procurement programs, or promoting energy infrastructure development. In fact, before the successful Aqua Ventus project was before the Maine Public Utilities Commission, Preti Flaherty's Energy lawyers were involved in crafting a key compromise facilitating passage of Maine’s original Ocean Energy Act, which paved the way for development of Maine’s offshore wind assets. 

Our offshore and onshore wind power and renewables related services include:

  • Responses to Governmental/Utility RFPs
    • Pre-RFP issuance and lobbying services
    • Assistance with RFP response preparation and submission
    • Term Sheet, PPA, and other commercial negotiations, strategy, and drafting
  • Environmental Permitting
    • Clean Water Act §404 Permits (dredge and fill)
    • State permits
    • Rivers and Harbors Act
    • Local permits (as applicable to land-side development)
  • CZMA Consistency Determinations
  • Real Estate/Land Use
    • BOEM leasing/approvals
    • Acquisition (purchase, lease, and options)
    • Rezoning and state/local permitting
    • Conservation easements
    • Submerged lands leases
  • Linear Projects
    • Transmission lines, pipelines, and roads
  • Interconnection Agreements
  • Regional Grid Operator ISO-New England
    • Participation in and compliance with markets run by ISO-NE
  • Federal Licensing and Permitting
    • Approval to make wholesale energy sales, including Market Based Rate Authority
    • Presidential Permits (where applicable)
  • Power Purchase Agreements and Long Term Contracting
    • Numerous representations in connection with the negotiation of PPAs
  • Renewable Energy Credits (RECs)
    • REC Certifications in northeastern U.S. jurisdictions
    • REC Sales Contract review and negotiation
    • REC compliance and reporting assistance and advice
  • Project Financing
    • Due Diligence
    • Commercial
    • Public and Private
    • Debt and Equity
    • Tax Increment Financing
    • State economic development program opportunities
  • Federal Grants and Loan Guaranties

Firm Highlights

Press Coverage

Maine Media Organizations Oppose Foreign Electioneering Ban

Question 2 on Maine’s November ballot asserts that corporations owned or controlled by foreign governments do not have the same rights to political speech as companies here in the U.S. and that foreign governments should be prohibited...

News

Jeffrey Talbert Named to American College of Environmental Lawyers

Jeffrey Talbert, Chair of Preti Flaherty’s Environmental Law Group, has been invited to become a Fellow in the distinguished American College of Environmental Lawyers (ACOEL). Membership in the premiere association of environmental lawyers is by...

News

Matt Warner Named to Cannabis Law Journal Global Top 200 Cannabis Lawyers 2023

Preti Flaherty attorney and Cannabis Business Group member Matt Warner has been named to the list of Global Top 200 Cannabis Lawyers for 2023-2024. A joint publication of  Cannabis Law Report and  Cannabis Law...

Publication

Municipal Update: Maine Legislature Acts to Clarify Sales of Tax-Acquired Properties

Early this week, in response to the  United States Supreme Court’s recent decision in  Tyler v. Hennepin County, Minnesota  (598 U.S. (2023)) , the Maine Legislature passed emergency legislation establishing a new process for...

Publication

How to navigate the legal side of nondisclosure agreements

Preti Flaherty attorney Kristy Abraham has authored an article for  MaineBiz  on navigating the legal side of nondisclosure agreements (NDAs), outlining six questions for organizations to review before entering into a NDA.

Publication

Schutz and Harriman Author Article for MLRC on Mill's Veto of Constitutionally Fraught Legislation

In an article for the Media Law Resource Center's July 2023 Media Law Letter,  Preti Flaherty attorneys Sig Schutz and Alex Harriman explore Gov. Janet Mills' recent veto of L.D. 1610, “An Act to Prohibit Campaign Spending...

Publication

Maine Law Amended to Require More Details When Public Employees Disciplined

Governor Mills recently signed a bill amending the public disclosure requirements for public employees who have been disciplined. Although widely reported as applying to police misconduct, the law applies to all government employees. The...

Event

2023 Maine Employment Law Summit

For nearly 30 years, Preti Flaherty's Employment Law team has provided Maine employers with practical guidance and best practices at our annual Employment Law Summit. Join us  Thursday, October 5  for the 2023 Employment...

News

Preti Flaherty Litigation Practice Group Adds Four New Attorneys

Preti Flaherty is pleased to announce the addition of four experienced Associates to the firm’s Litigation Practice Group: Stephen Garvey, Michael Hanify, Hanna May, and Tiffany Ottenga. Stephen Garvey is a graduate of Boston...

Press Coverage

Maine Center for Public Interest Reporting Wins Public Records Dispute with York County Jail