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

News

Benchmark Litigation Names Preti Flaherty 2021 “Maine Firm of the Year”

Benchmark Litigation has named Preti Flaherty as 2021 Litigation Firm of the Year in the State of Maine. The Benchmark Awards honor distinguished litigators and law firms in all 50 states and 10 practice...

News

Preti Flaherty Attorneys Sig Schutz and Alex Harriman Assist with Amicus Brief in Defense of Maine's Anti-SLAPP Law

Serving as counsel for The Reporters Committee for Freedom of the Press (RCFP) and 14 other news media organizations, Preti Flaherty attorneys Sigmund Schutz and Alexandra Harriman filed with the Maine Supreme Judicial Court a...

News

Preti Flaherty Welcomes Attorneys Angelica Li and Hannah M. Oakes to the Firm

Preti Flaherty is pleased to announce the arrival of two new attorneys to our Boston, Massachusetts, office: Angelica Li and Hannah M. Oakes. Angelica joins the firm as an Associate in our Environmental Practice...

Publication

Maine’s Exemption Laws Are Changing

In March of this year, Representative Denise Tepler (D. Topsham) introduced “An Act To Increase the Value of Property Exempt from Attachment and Execution,” LD 737, which sought to dramatically change Maine’s exemption scheme. ...

Publication

Escalation Clause: An escape from the price-spike trap

Anyone in real estate development would have to be living under a rock not to know about skyrocketing lumber and material prices in the “post”-pandemic world. Pre-pandemic, the average cost for 1,000 board feet...

Publication

Legislative Alert: Maine Legislature Adjourns!

The First Special Session of the 130 th Legislature finally adjourned on Monday night, July 19 th . As many of you may remember, the First Regular Session ended in March 30th when the...

News

Maine Justice Foundation Makes Inaugural Grants to Six Maine Groups Working for Racial Justice and Equity

The Maine Justice Foundation has made inaugural grants from its Racial Justice Fund to six Maine groups. The goal of the Fund is to support Black, Indigenous, and People of Color statewide to forge...

Publication

How to Avoid Misclassifying Your Employees Under the Maine Workers’ Compensation Act

What criteria are necessary to classify someone as an independent contractor and how can employers avoid misclassification and the repercussions that come with it? In this article, Preti Flaherty attorney and Mainebiz guest columnist John...

News

Fifteen Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Fifteen Preti Flaherty attorneys and five practice groups have been selected for inclusion in the 2021 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...

Publication

The Latest from OSHA on Mitigating and Preventing the Spread of COVID-19 at Work

On the tails of updated guidance from other agencies, the U.S. Department of Labor Occupational Safety and Health Administration ("OSHA") released new pandemic-related guidance last month. This guidance was issued on June 10, 2021...