The Southwest presents abundant opportunities for clients engaged in the development of renewable and alternative energy resources. Our lawyers have assisted in every phase of development of such resources, including the challenges clients face in siting facilities, securing land rights, permitting, financing, drafting power purchase and interconnection agreements, securing tax and other incentives, and finding efficient solutions to legal challenges that often arise. We also have a strong base of experience with business arrangements between private developers and Native American Tribes and Pueblos throughout the country. Our broad range of expertise in transactions, financing, land issues, taxation, regulatory practices, water rights, public lands and Indian law makes us a key component of any project team.
Our lawyers have represented clients building wind, solar, geothermal, hydro-electric, biomass and biofuels projects in every aspect of project development, operation and transfer. Our renewable energy expertise builds on our experience with more traditional power plant development for merchant generators, as well as more traditional natural resources development projects on public, private and Indian lands in the West generally. In addition to working effectively with state, federal and Indian agencies, we are adept at coordinating with county officials and local groups, since counties often are critical to several aspects of renewable development, including siting, permitting and financing, not to mention the fact that opposition to specific renewable energy projects tends to originate within local communities.
Our lawyers offer renewable energy clients assistance in the following:
Distributed generation arrangements
Environmental permitting and compliance
Government relations (lobbying)
Land use and subdivision approvals
Native American business dealings
Permitting under county ordinances
Power purchase agreements
Public lands leasing
Real estate acquisitions
Renewable energy certificates
Rights-of-way and easements
Taxation planning and incentives
We have positive working relationships with regulators and agencies involved with renewable and alternative energy development, including:
Public Regulation Commission (PRC)
Energy, Minerals and Natural Resources Department (ENMRD)
Taxation and Revenue Department (TRD)
Commissioner of Public Lands/State Land Office (SLO)
Environment Department (NMED)
State Historic Preservation Officer/Office (SHPO)
Office of the State Engineer (OSE)
Bureau of Land Management (BLM)
Forest Service (USFS)
Bureau of Indian Affairs (BIA)
Federal Energy Regulatory Commission (FERC)
County and Tribal/Pueblo
Various in New Mexico and elsewhere.
Incentives and Financing
Our team helps developers and operators navigate New Mexico's gross receipts tax implications for renewable energy development, capitalizing on all available tax incentives. Our seasoned lawyers also guide clients through statutory tax abatement procedures under the Industrial Revenue Bond Act and other available abatement procedures.