Biomass power accounts for roughly half of all the renewable energy produced in the United States, and the use of biofuels continues to grow around the world. At Troutman Sanders, we have extensive history helping clients understand and address the legal issues particular to this industry.

We have been involved in the development of greenfield biomass projects and conversion of fossil-fuel-fired generating plants to biomass domestically and around the world. Our attorneys advise corporations, investors and utilities at every step in the process. We begin by ushering clients through the development stage of a biomass project, providing guidance on permitting (air quality permits, FERC and state regulatory requirements), interconnection and transmission, real-estate requirements, equipment procurement risk, and PPA obligations to offtake prior to commercial operation.

We then counsel clients through the construction phase of a project, dealing with any construction guaranties/EPC wrap or delay issues. We understand that fuel supply is often the biggest issue for a biomass plant, and we advise clients on supply issues and tax credits related to wood and other waste. We also handle equipment warranties, PPA issues, and all issues surrounding the financing of a project (e.g., government incentives, construction finance, term finance).

  • Negotiated and drafted energy agreements related to sales and construction services to convert old boilers to biomass gasification technology to sell steam to two chemical companies.
  • Advised on post-acquisition real estate issues regarding the Nacogdoches Generating Facility, a 100-megawatt biomass facility serving Austin, Texas.
  • Represented Covanta Energy with respect to the disposition of several small biomass facilities in Northern California.
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