Solar Energy & Green Development

At Rich May, P.C., our attorneys represent national and community solar energy and “green” developers and landowners in a myriad of projects such as:

• Leasing of land for solar farms.
• Rooftop and ground mount facilities contracts and leases.
• Battery power storage and leasing.
• Power purchase agreements.
• Permitting, local zoning and tax issues.
• Pole and connection easements with utility companies and private landowners.

Complex Representative Matters:

• Successfully aggregated three parcels for substantial solar farm with three different landowners.  Resolution of complex title issues, including maneuvering two cell towers, modifying access easements, and terminating various sublessors’ rights to streamline development.  Presentations at permitting hearings to resolve standstills and significant lease negotiations for additional capacity parcel on municipal abutting land.  Assist with tax credit financing.
• Served as conduit for standstill on building permit; address building code issues and regulations.
• Conducted multiple parcel acquisitions with disputing sellers; address environmental and easement issues and other title issues over landfill.
• Revived solar project by exercising developer’s rights to create next phase condo unit, converting exclusive use area to solar project; assisted with condo plans, including complex easements and ongoing environmental monitoring and challenges.
• Created master lease for battery storage projects in Massachusetts; conducted title, assessor’s and corporate entity research for approximately 300 sites; prepared 270 leases including assistance with rollout.
• Large scale financing assistance, including expediting permitting, title curative, legal opinions, review of loan documents, issuance of title policies, lease amendments for a myriad of projects, amounts, lenders from Maine to Rhode Island, specifically:
  • $35M institutional loan with complex structures of sale leasebacks into Delaware statutory trusts;
  • $50M tax equity investment loan for projects on challenging sites, such as landfills, around cell towers and municipal land, etc.;
  • $20M bridge loan for swapping out large institutional lender with various requirements.
• Multimillion dollar membership interest purchase for several projects in central Massachusetts, including MIPA, disclosure schedules, permitting assistance, title and lease curative issues and ancillary closing documents.