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Energy

Renewable Energy Attorneys Guiding Developers through the Project Approval Process

As lawyers focused on wind and solar projects in Michigan, we work through the complex legal terrain of land use, zoning regulations and permits.

 

Renewable energy projects in Michigan face a unique and often complicated approval process. Because such projects are currently regulated by local municipalities rather than state or county authorities, developers must navigate the maze of local master plans, zoning ordinances, politics and public opinion.

Varnum’s experienced team of renewable energy lawyers has navigated dozens of wind and solar projects through the entire permitting and approval process. Our experience goes back to the 1980s, when we represented many of Michigan’s first commercial-scale renewable energy developments, including wood-fired and waste-to-energy projects as well as the first large-scale wind operations in Michigan’s Thumb area. Today Varnum represents wind and solar developers with in dozens of projects across the state in both peninsulas.

Our experienced team provides a variety of services in support of large-scale renewable energy projects.

We regularly assist developers in the following areas:

  • Agricultural Preservation: With a strong agricultural industry, Michigan’s agricultural preservation policies may restrict certain land uses, including wind and solar projects. We have helped developers navigate these limitations and find the perfect spot for their renewable energy projects.
  • Setbacks and Other Zoning Restrictions: Renewable energy projects must comply with various township restrictions, which can limit the size and placement of solar panels and wind turbines. We have guided developers through these restrictions and find creative solutions.
  • Permitting and Approval Processes: Developers must obtain permits (often times special land use permits) and approvals from local zoning boards and planning commissions as well as county drain commissioners. We have helped steer projects through the permitting and approval processes while ensuring compliance with regulations. This can include representing projects at open meetings and public hearings held by local municipalities.
  • Land Use Agreements: Developers may need to secure land use agreements with local landowners or government officials. We have assisted in negotiating these agreements and addressing potential disputes.
  • Environmental Review: Solar and wind projects may be subject to environmental reviews, such as the Michigan Environmental Protection Act, wetland regulations, stream crossing and endangered species protections. We have helped developers navigate these reviews and ensure compliance with environmental regulations.
  • Community Outreach and Education: Community support can be crucial for a project’s success. We have helped developers create strategies for community outreach and education, building support and addressing local concerns.
  • Regulatory Compliance: Solar and wind projects are subject to a myriad of federal, state, and local regulations. We have helped developers ensure their projects comply with all applicable laws and regulations and address any potential compliance issues that may arise.
  • Litigation Support: In case of disputes or litigation related to renewable energy projects, we have provided legal support and representation to help developers protect their interests, as well as participating landowners’ interests, to achieve a favorable resolution.

By offering comprehensive legal support to energy developers in Michigan, we help overcome challenges, adhere to regulations, and ultimately contribute to achieving Michigan’s ambitious renewable energy goals.

Energy Regulatory Law

The Varnum regulatory practice helps energy developers obtain approvals for new generation projects. We also promote competition in the energy sector, representing businesses that provide or use electricity in competition with the investor-owned utilities.

Varnum is one of the few large firms in Michigan that can offer representation of independent power users and producers, as we do not represent Michigan’s large investor-owned utilities on energy matters. Our energy practice attorneys have familiarity and understanding of the workings of the Michigan Public Service Commission (MPSC).

Experience

We have significant experience litigating and practicing before the MPSC, Michigan Department of Environmental Quality, Federal Energy Regulatory Commission, U.S. Environmental Protection Agency and other key U.S. and state agencies that affect the energy industry. We have litigated antitrust issues, regulatory issues and contractual issues in state and federal courts. Our experience includes:

  • Exempt wholesale generators, independent power producers and cogeneration – financing, construction startups, power sale agreements, utility commission approvals, fuel purchase contracts, environmental permits and tax assistance.
  • Municipal and cooperative utilities – litigation, rate matters, franchises, antitrust actions and environmental protection.
  • Nuclear and fossil fuel plant construction and operation – construction disputes, municipal bonding, environmental permitting, power purchase agreement negotiation and fuel supply.

We also advise and prepare clients who need to participate in the legislative and political process at all levels in Michigan. Our clients include:

  • Alternative energy suppliers
  • Independent power producers
  • Retail customers
  • Trade associations

Power Generation

We have represented clients on power generation-related matters before Federal Energy Regulatory Commission, Michigan Public Service Commission, and other federal, state and local regulatory agencies. We have assisted clients in negotiating power purchase agreements with utilities for the sale of electricity from generating projects. We have also assisted clients with the development and transfer of power purchase agreements and guided clients through the process surrounding renewable energy credits and other benefits of renewable power generation.

Meeting Client Needs

We have represented municipalities and utilities with regard to the permitting, use of and decommissioning of dams. We have assisted our clients with delineating riparian rights, dividing the ownership of bottomland, obtaining and opposing flowage easements, developing and opposing the development of waterfront, permitting and opposing the permitting of marinas, establishing and opposing the establishment of lake levels and establishing legal mechanisms to protect waterways and adjoining lands for conservation purposes. We have also worked with clients to meet fish ladder and other natural resource requirements associated with licensing and operation. In addition, we have experience handling the issues arising out of potentially contaminated sediments in impoundments.

Renewable Energy

Varnum brings extensive experience with independent power generation, including fossil-fueled, alternative and renewable resource power plants. Our work includes site development, site control and leasing, title and survey review, local zoning, construction contracting, transmission rights of way, environmental studies and compliance, and regulatory approvals.

Wind Energy

We have a depth of experience working in the wind energy industry. We have represented project developers on both on-shore and offshore, green field and brownfield, community wind and utility scale, first time and experienced projects. Our services are varied as required by each individual project.

Wind energy clients include:

  • Developers of wind power generation projects from Australia, France, Spain and the United States
  • The largest developer of renewable resource generation projects (wind, solar, etc.) in the United States
  • The largest owner/operator of wind projects in Michigan
  • Michigan municipal utilities and alternative energy suppliers who are customers of wind energy
Solar Energy

We have a depth of experience working with entities in the solar energy industry. We have represented project developers and installers of solar panel projects, developers of concentrated solar power and concentrated solar thermal technology projects and manufacturers of products in the solar space including electrical products and solar concentrators. We have also aided clients in developing LEED certified installations of solar generating equipment.

Solar energy clients include:

  • A manufacturer of parabolic solar equipment for solar thermal and concentrated solar energy production
  • A designer and manufacturer of solar panel racking equipment and solar carports
  • Installers of rooftop mounted solar panels
  • Manufacturer of electrical control boxes and related items for the solar industry
  • A company involved in the sale and design of commercial and residential solar units, including solar panel and solar thermal applications
  • A developer that leases rooftops and installs solar panels giving the lessor a buyout/buyback option
  • A metal stamping company making framing and fixtures for solar applications
  • Two trade associations for alternative suppliers and independent power producers
Biomass Energy

Our experience in the biomass energy industry includes representing developers of wood-fired energy plants, manure digesters, agricultural gasification plants, waste-to-energy incinerators, landfill gas, ethanol and biodiesel crop projects. We have also aided clients in developing carbon credit registration and trading programs.

Biomass energy clients include:

  • Various wood-fired generation projects
  • A multi-patented designer of innovative gasification processes allowing for small-scale electric energy production
  • Various agricultural interests looking to solve waste disposal issues creatively
  • Paper mills with onsite self-generation
  • Two trade associations for alternative suppliers and independent power producers
Waste-to-Energy

Varnum’s experience working in the waste-to-energy industry is broad. We represent developers of waste-to-energy incinerators, landfill gas and agricultural gasification projects. The services are varied as required by each individual project.

Waste-to-energy clients include:

  • A prominent nationwide developer of MWS waste-to-energy projects
  • A multi-patented designer of innovative gasification processes allowing for small-scale electric energy production
  • Agricultural interests looking to creatively solve waste disposal issues
  • Two trade association for alternative supplier and independent power producers

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“Varnum has top-notch advice and strategy. Excellent team for our energy related needs.”

President, Michigan Business Association

Varnum serves a wide range of clients in the energy industry

Varnum’s energy clients include:

  • Municipally owned electric utilities
  • Co-generators and independent power producers
  • Biomass facilities, including waste-to-energy and wood-fired plants
  • Alternative energy projects, including wind farms, biomass, waste-to-energy, landfill gas, hydroelectric and biodigesters
  • Oil and gas producers and transporters
  • Nuclear power plants
  • Trade associations
  • Investors and lenders
  • Customers and end users
  • Manufacturers of energy-producing parts and equipment

Meet the Team

Our attorneys are routinely recognized for their excellence and ability to litigate, negotiate and advise clients by Top Lawyers, Best Lawyers, Chambers USA and more.

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Legal Practices Related to Energy

Environmental and Natural Resources

Varnum helps clients understand and operate successfully in the changing landscape of federal, state and local environmental requirements.

We have developed deep experience in representing clients in judicial and administrative environmental enforcement proceedings at the federal, state and local levels – including alternative dispute resolution.

Learn more about Varnum's Environmental and Natural Resources Practice

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