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

Maine Lawyers and Judges Once Again Show Overwhelming Support of Campaign for Justice

2022 proved to be another challenging year for Mainers. Skyrocketing inflation, an uncertain economic future, an ongoing housing crisis and more factors continue to push more at-risk individuals into a tight spot. Maine’s civil...

News

Attorney Jeffrey Thaler Named to 2023 Lawdragon Green 500: Leaders in Energy Law

For the second time, Preti Flaherty attorney Jeffrey Thaler has been recognized by the esteemed legal publication Lawdragon as an elite practitioner in the field of energy law. Jeff is the only Maine-base lawyer...

News

Benchmark Litigation Names Preti Flaherty 2023 “Maine Firm of the Year”

Benchmark Litigation has named Preti Flaherty as 2023 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...

Publication

FY2024 H-1B Registration Fact Sheet for Employers

Registration Process To file H-1B petitions subject to the FY2024 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about...

Event

Jeff Talbert to Moderate Panel on PFAS Regulatory Action at ABA Toxic Torts & Environmental Law Conference

Jeff Talbert, Chair of Preti Flaherty's Environmental Law Group, will moderate "Regulatory Action: History & Horizon" at the ABA Toxic Torts & Environmental Law Conference. This panel will discuss the 2016 EPA health advisory, the...

Publication

Enforcers Make It Easy to Report Cartels

This article was originally published in the American Bar Association  Antitrust Newsletter  on February 8, 2023.  Did you know that global competition enforcers have easy-to-find websites to encourage reporting of anticompetitive conduct? Not only...

Press Coverage

Authorities Refuse to Release Records for Maine School Shooter Hoax Calls

On November 15, 2022, multiple law enforcement agencies in Maine received false calls alerting police to active shooter situations at several high schools throughout the state. In the wake of this widespread hoax, the Kennebec...

Press Coverage

What’s Inside Maine Freight Trains? Public Can Only Hazard a Guess

Due to an exemption from the state's Freedom of Access Act, Maine residents are prevented from reviewing information regarding the transportation through their communities via freight trains of potentially hazardous materials. Rail industry officials...

Event

Bodie Colwell will be a Featured Panelist at ABI Annual Spring Meeting

Bodie Colwell will be a featured panelist on "Danger Ahead! Avoiding and Addressing Ethical Landmines in Attorney Engagement and Compensation" at the American Bankruptcy Institute's Annual Spring Meeting. The panel focuses on disputes regarding engagement...

Publication

Maine Workers’ Compensation New Year Update 2023

The new year brings proposed legislation, an update to the Medical Fee Schedule, and two recent decisions from the Appellate Division. Proposed Legislation Workers’ compensation bill LD 53 (HP 28) would amend 39-A M.R.S.A...