Smith, Gambrell & Russell, LLP

Sustainability Success Stories

From identification of potential funding opportunities and site selection to reviewing interconnection agreements and drafting sales contracts, Sustainability Practice Group attorneys have advised our solar energy clients at all levels. Our work in support of our solar energy clients has included the following:

  • California: Advised solar power developer on qualification for Section1603 grant program; assisted in devising and setting up client’s development program, contracts, and other issues to qualify for 1603 grants.
  • California: Represented solar power developer, O&M contractor and EPC contractor in sale of 30 MW solar power project to Constellation. Negotiated PPAs with utility; negotiated and prepared asset sale agreement, EPC agreement, O&M agreement, consents to assignment of agreements to lenders; evaluated and advised client on endangered species issues affecting solar power plant development.
  • California: Assisted solar power developer with bid submissions to PG&E for development of solar power plant.
  • California: Evaluated EPC and O&M agreements for potential solar power plant development for Recurrent Energy.
  • Florida: Assisted solar power developer in evaluating and qualifying for City of Gainesville feed-in tariff.
  • Georgia: Work with solar developments in connection with applying for 50 MW RFP to Georgia Power.
  • Georgia: Evaluated Territorial Act issues for solar power developer interested in building solar power plants in Georgia; structured projects to maximize successful development of projects and sale of renewable electric energy in Georgia.
  • Georgia: Reviewed PPA and Interconnection Agreements with Georgia Power Company for solar energy development; evaluated and advised client on options for sale of renewable electric power.
  • Georgia: Developed legislation for Georgia Solar Energy Association to improve environment for investment in renewable energy development in Georgia.
  • Georgia: Assisted client in evaluation of compliance with “Buy America” provisions of ARRA (Stimulus legislation).
  • New Jersey: Evaluated, advised, and structured solar power development program for client to qualify for Section1603 grants and other tax incentives.
  • New Jersey: Handled all aspects of development of 100 MW in solar power production, including site evaluation, lease and purchase agreements, PPAs and Interconnection with utilities, tax incentive qualification, and other issues as they arise.
  • Texas: Negotiated site lease for utility scale solar power project.
  • Texas: Advised client seeking to invest in potential solar project on transactional, real estate and environmental issues and negotiated numerous contracts, including solar site lease, membership and joint venture agreements, solar project development agreements, interconnection and power purchase agreements.
  • U.S.: Featured speakers at solar energy conferences, including the annual Solar Praxis conference in Las Vegas, Nevada.

The Sustainability Practice Group represented one of the world’s largest developers of wind power in its efforts to site, permit, develop and operate wind power projects in the United States. Our work included assistance in identification of sites, negotiation of site and right of way acquisition, negotiation of power contracts, land use, energy and environmental permitting, and other legal representation and consultation. SGR also works regularly with landowners and investment companies to assist in negotiating wind power projects on timberlands and has prepared and negotiated numerous leases and contracts for such renewable energy projects.

Members of the Sustainability Practice Group have assisted eligible clients—corporations and individuals—in identifying, qualifying and applying for financial incentives at the local, state and federal levels, including the U.S. Treasury Section 1603 Grant Program.

The Firm has also been active in the field of biomass energy. Our work has included:

  • Georgia: Assisted timber company in evaluation of BCAP qualification and incentives; evaluated timber purchase agreements for qualification.
  • Georgia/Florida: Assisted biomass energy developer in development of project including site evaluation, availability and qualification for DOE guaranteed loans, stimulus legislation funding, 1603 and other incentive qualification.
  • Georgia/U.S.: Published numerous articles in Georgia Forestry Association magazine and other publications on biomass energy development, and on the BCAP program.
  • Georgia/U.S: Featured speakers at biomass conferences, including the annual Southeastern Bioenergy Conference in Tifton, Georgia.

One of our institutional clients with a strong commitment to implementing sustainability on its campus approached SGR’s Sustainability Practice Group to assist in the drafting and re-negotiation of its construction contracts to ensure the institution’s form contract for its many projects contemplated and incorporated sustainability and green building provisions.

When the City of Atlanta began considering adoption of a green building ordinance, its consultancy, Sustainable Atlanta, reached out to SGR to have real estate attorneys in its Sustainability Practice Group offer counsel on the varied green building ordinances nationwide and to provide legal advice as the City began drafting its own ordinance.

In the midst of a historic drought, one of Georgia’s new cities wanted to explore long term water supply options. SGR Sustainability Practice Group leader Stephen O’Day teamed with a consulting firm to provide long term water supply planning services to the city, culminating in a detailed evaluation of alternatives and recommendation of a preferred alternative. SGR provided legal analysis of the implications of the preferred alternative and the processes to achieve long term water supply security for the city.

Our client wanted to reduce its wastewater and water usage through reuse. When the client encountered roadblocks with the regulatory agency, it consulted SGR’s Sustainability Practice Group. Phillip Hoover worked with the client and its engineers, the state environmental agency and local government that operated the wastewater treatment system into which the client discharged, to negotiate, permit and implement the water reuse and treatment system.

Our client withdraws water from surface waters for irrigation. Because its water withdrawal permit was up for renewal, and in order to plan for water usage during drought conditions, the client asked SGR’s Sustainability Practice Group to evaluate state water policy, including its nascent water plan, and develop strategies for permitting and implementation of water conservation, reuse and surface withdrawals to meet the client’s future needs in all conditions, including compliance with restrictions imposed in drought conditions.

Print EMail