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Explore Our Capabilities

Renewable Energy


Parker Poe has a proven track record in the renewable energy industry. Whether you are looking to develop renewable projects, acquire or sell individual projects or portfolios, navigate regulatory requirements, or address permitting obligations, our team understands the commercial issues driving success in the renewable industry.

We advise on projects across a range of technologies and locations, with a particular focus on solar and wind projects in the Southeast. We have represented developers on portfolios of renewable energy projects ranging in value from tens of millions of dollars to hundreds of millions of dollars. Our clients include some of the biggest independent power producers in the U.S., international solar and wind energy companies, and several large American utilities. We also represent investors in renewable energy projects, entities providing loans and credit vehicles for those projects, and commercial and industrial businesses seeking renewable energy resources.

Areas of Focus

Site Control Documentation & Real Estate

We have attorneys and paralegals with extensive experience drafting and negotiating site control documents for renewable energy facilities. We routinely assist developers in the preparation of form leases, options, and purchase agreements for markets across the U.S. Real estate members of our Energy Team represent developers in the negotiation of site control documentation with both individual and corporate landowners.

We understand the development cycle of facilities across many markets and work with clients to educate counterparties and their lawyers to come to a financeable, reasonable site control agreement. We also understand the nuances of title work for renewable energy projects, working with clients to mitigate risk early in the land acquisition phase, all the way through divestiture or financing.

Property Tax Abatements & Incentives

We routinely assist developers in modeling anticipated property taxes (real and personal) for projects across the Southeast and beyond. We leverage our strong understanding of markets and our economic incentives and site selection subsidiary, Parker Poe Consulting, to evaluate incentive structures, assist in new market and site selection, and negotiate incentive agreements, including fee-in-lieu of tax (FILOT) agreements, payment-in-lieu of tax (PILOT) agreements, and bonds for title incentive agreements.

For example, we have successfully worked with multiple developers to obtain FILOT agreements in counties across South Carolina, including the negotiation of the incentive amounts with county representatives and the drafting of the required documentation. Given the volume of FILOT agreements we have handled across South Carolina, we often have a good sense of the level of incentive a county may be willing to give and the view of the county toward solar and other renewables in general. We are also actively working with a number of developers on tax incentive agreements in Georgia and Alabama. In North Carolina, we have successfully negotiated and advised developers on tax incentive structures for wind energy projects.

Land Use & Zoning

We have significant experience securing land use and zoning approvals for generating facilities, predominately utility-scale solar photovoltaic (PV) and wind energy facilities, including rezoning petitions, use permits, variances, special exceptions, and land disturbance permits from multiple jurisdictions across the Southeast. We routinely provide zoning ordinance analysis and counsel in advance of permit applications.

Our team is equally adept and successful in obtaining entitlements for both small facilities impacting single parcels of 10 to 20 acres with one landowner and large facilities impacting multiple parcels over thousands of acres with multiple landowners. We understand the importance of developing a community engagement strategy that is based on the unique characteristics of each project and the community in which it is proposed to be constructed.

State Utilities Commissions

We regularly appear before state commissions and work with staff and regulators. We have obtained numerous certificates of public convenience and necessity (CPCN) for solar and wind facilities and certificates of environmental compatibility and public convenience and necessity (CECPCN) for transmission lines from the NC Utilities Commission, prosecuting hundreds of applications for facilities regulated as small power producers or merchant plants.

As those applications move forward, we assist clients in resolving environmental issues that arise through the review process, addressing any citizen complaints that may arise, and responding to data requests from regulators or intervenors. We also represent clients at any public and evidentiary hearings that may be required, in addition to ensuring compliance with notice and publication requirements. 

Additionally, we monitor utility commission dockets and stay abreast of regulatory changes. Our team provides fact-based analysis of proceedings in the Carolinas and Georgia to renewable energy clients entering or active in the Southeast.


We have environmental attorneys with deep experience navigating state and federal laws impacting the development of energy generating facilities. We routinely assist in the evaluation of Phase I Environmental Site Assessments, ensuring compliance with ASTM standards, consult on solutions to the identification of recognized environmental conditions, counsel on the scope of and review Phase II Environmental Site Assessments, and review wetland delineation reports. We also advise on unanticipated discovery plans and spill prevention and control plans, and we counsel on a myriad of environmental issues that arise during site diligence, construction, and operations.

Our environmental attorneys assist with formal and informal consultation with federal and state regulatory agencies and with obtaining U.S. Army Corps of Engineers permits and approvals (nationwide and individual permits), state agency permits and approvals, and local permits and approvals. We are adept at evaluating risk and potential compliance issues, as well as negotiating creative solutions and settlements where violations and penalties are issued by environmental agencies.


Our team includes corporate, tax, and commercial contract attorneys with extensive experience representing developers in the acquisition, disposition, and financing of renewable energy projects, both individually and in portfolios across multiple states ranging in value from several million dollars to hundreds of millions of dollars. We have established processes for handling diligence on state and federal permits, real estate and material contracts, as well as negotiating transactions.

Our team regularly advises on tax equity structures (partnership flip, inverted lease, and sale-leaseback) and is experienced in closing construction, permanent, and back leverage debt facilities. We also advise on power purchase agreements, interconnection agreements, engineering procurement and construction agreements, and other commercial contracts.

Federal & State Lobbying

We have experience lobbying on Capitol Hill and before state legislatures on issues that are critical to the renewable energy industry. We have also lobbied members of federal and state executive departments and agencies. We partner with renewable clients to devise legislative strategy and draft bills to help advance their interests.

Representative Experience



  • Represented a large, international wind developer on all aspects of its development of a 300-megawatt, land-based wind farm in North Carolina – the first utility-scale wind farm in the Southeast U.S. Our services included state utility commission permitting of the wind farm and a transmission line, a Section 404 wetlands permit, advice on state environmental permitting, local land use permits in the two counties over which the project spans, congressional and state lobbying, negotiation of economic incentive agreements with both counties, tax advice, and preparation and negotiation of options, leases, and easements.
  • Represented a leading U.S. wind developer in obtaining the first state-issued wind siting permit (commonly called a 484 permit) from the North Carolina Department of Environmental Quality. The permit is for Timbermill Wind, which will be the state's second utility-scale wind farm. Our services included state and local permitting, real estate, state and local tax, and economic incentives, as well as support on federal permitting and contracting.
  • Advised other land-based wind developers on all aspects of project development and permitting.
  • Advised offshore wind developers on regulations related to development in state waters, issues around transmission landing, and interconnection.

Solar Photovoltaic (PV)

  • Obtained state commission permits for more than 2,500 megawatts of solar PV, ranging in size from 2 megawatts to 100 megawatts.
  • Represented solar developers and investors in the acquisition of portfolios of solar projects.
  • Provided tax structuring advice to state tax equity investors considering investment in a portfolio of solar projects.
  • Represented a large solar developer in the sale of a 75-megawatt project to an electric utility.
  • Represented developer of a 20-megawatt solar project in quasi-judicial hearing before a board of commissioners in a land-use permit proceeding.

Fuel Cell

  • Advised a client on all aspects of developing a 10-megawatt fuel cell to support a data center for an international technology company. Our representation included a state commission permit for the facility, obtaining a declaratory ruling that directed biogas as a renewable energy resource eligible for renewable portfolio standard (RPS) compliance, and negotiation of a gas supply contract to serve the facility.


  • Represented a biogas (swine waste) renewable energy developer using anaerobic digesters to generate electricity at hog farms. Our support has included negotiations with the state environmental agency on environmental permitting, review of zoning and permitting requirements, and economic incentive arrangements with local governments.


  • Represented the developers of a mixed-use energy park on a Brownfield site to include a biomass energy plant that will support neighboring commercial and manufacturing uses. Our services have included all aspects of state and federal environmental permitting, lobbying and advice on state utilities permitting, and renewable energy certificate (REC) registration.


  • Counseled a client on state and federal legislative and regulatory matters regarding commercialization of the conversion of biomass to green fuels, chemicals, and energy. The company specializes in biomass conversion to syngas for (1) processing into a range of liquid transportation fuels and high-value chemicals, (2) combined cycle power generation to reduce operational costs, displace fossil fuels, and create new revenue streams by selling excess green power to the local grid, and (3) combustion in a boiler or lime kiln to reduce operational costs and displace fossil fuels.

Solar Thermal

  • Counseled a solar thermal company on a unique energy purchase agreement that allows its customers to “go green” with no upfront capital while preserving all tax and incentive advantages. Our attorneys have handled every aspect of this innovative client’s legal needs, including formation of the company, tax advice regarding renewable energy credits, drafting purchase agreements, negotiating contracts with customers, and advising the client on aspects of public bidding laws.

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