Practices & Industries

Eco-Business

Driven by high energy costs, government incentives and an ever-growing public awareness and concern for environmental issues, companies are increasingly looking to conduct business in sustainable and ecologically conscious ways. Doing so with minimum risk and maximum profit requires experienced legal counsel that can advise on the many rapidly evolving fields of eco-business while maintaining the sound business principles that have made Parker Poe a leading law firm in the Carolinas.

To serve our clients better in these fields, Parker Poe has formed the Eco-Business Team, which is comprised of North Carolina and South Carolina lawyers from our Renewable Energy, Environmental, Sustainable Building, Communities & Resorts, and Government and Public Policy practice groups. Through its integrated, multi-disciplinary approach, the Team is able to address all aspects of project development. The Team's alternative energy lawyers are working with wind, solar, biomass and biofuel companies, as well as traditional electric utilities.

On the environmental and real estate fronts, Team members are advising developers on a number of Brownfields redevelopment projects and residential and mixed-use projects seeking LEED® (Leadership in Environmental and Energy Design) or other "green" certifications.

Online Resources: Wind Development – North Carolina

North Carolina is exploring wind development from beyond the state’s coastline to its mountain tops. Please use the following links for more information on legislative, regulatory, research and incentives related to wind development in North Carolina.

Parker Poe monitors wind development issues and progress closely. Please contact members of our eco-business team for additional information on matters covered the above websites or wind development in North Carolina.

Experience

Biomass
Advised an agricultural biomass company on all aspects of its development of three 45MW plants in North Carolina. Our work has included negotiating state and local economic development incentives, zoning the sites and negotiating development agreements with local governments. We have advised the client on securing a certificate of public convenience and necessity from the North Carolina Utilities Commission (NCUC) and registering the facilities to ensure renewable energy certificates (RECs) generated are marketable under North Carolina's Renewable Energy Portfolio Standard (RPS). 

Mixed Use Energy Park
Representing developers of a mixed-use energy park on a brownfields site planned 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 and advice on state utilities permitting and REC registration.

Offshore Wind

Provided comprehensive legal support to developer of an offshore wind farm. Our services have included advice on and structuring of a securities offering, corporate organization and contracts. We have advised the company on rules for leasing offshore lease blocks through the Minerals Management Service and all aspects of federal and state environmental permitting. We have led efforts to establish relationships with key state and federal governmental officials and other stakeholders. 

Biogass
Helped a biogas (swine waste) renewable energy developer using anerobic digesters to generate electricity at hog farms in eastern North Carolina. Our support included negotiations with the Department of Environment and Natural Resources on environmental permitting, review of zoning and permitting requirements, economic incentive arrangements with local governments, assistance in responding to utilities’ request for proposals, and counsel regarding purchase power agreements. 

Wind
Advised a variety of domestic and international wind energy companies on siting and permitting terrestrial wind projects in the mountains and on the coast of North Carolina. Our assistance has also included developing easements, wind measurement and access agreements and lease agreements for wind developers.

Solar Thermal
Served as counsel to a solar thermal company which provides organizations with affordable, creative, strategic solutions designed to best meet their renewable energy needs. Our client’s unique energy purchase agreement allows its customers to “go green” with no upfront capital while preserving all tax and incentive advantages. The company’s customers range from New England through the Mid Atlantic, the South, and the Southeast. 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.

Syngas
Served as counsel on state and federal legislative and regulatory matters for a client that is commercializing 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. 

Biodiesel
Helped a biodiesel manufacturing company with a joint venture agreement that provided capital necessary for construction of its manufacturing facility.

Experience

Biomass
Advised an agricultural biomass company on all aspects of its development of three 45MW plants in North Carolina. Our work has included negotiating state and local economic development incentives, zoning the sites and negotiating development agreements with local governments. We have advised the client on securing a certificate of public convenience and necessity from the North Carolina Utilities Commission (NCUC) and registering the facilities to ensure renewable energy certificates (RECs) generated are marketable under North Carolina's Renewable Energy Portfolio Standard (RPS). 

Mixed Use Energy Park
Representing developers of a mixed-use energy park on a brownfields site planned 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 and advice on state utilities permitting and REC registration.

Offshore Wind

Provided comprehensive legal support to developer of an offshore wind farm. Our services have included advice on and structuring of a securities offering, corporate organization and contracts. We have advised the company on rules for leasing offshore lease blocks through the Minerals Management Service and all aspects of federal and state environmental permitting. We have led efforts to establish relationships with key state and federal governmental officials and other stakeholders. 

Biogass
Helped a biogas (swine waste) renewable energy developer using anerobic digesters to generate electricity at hog farms in eastern North Carolina. Our support included negotiations with the Department of Environment and Natural Resources on environmental permitting, review of zoning and permitting requirements, economic incentive arrangements with local governments, assistance in responding to utilities’ request for proposals, and counsel regarding purchase power agreements. 

Wind
Advised a variety of domestic and international wind energy companies on siting and permitting terrestrial wind projects in the mountains and on the coast of North Carolina. Our assistance has also included developing easements, wind measurement and access agreements and lease agreements for wind developers.

Solar Thermal
Served as counsel to a solar thermal company which provides organizations with affordable, creative, strategic solutions designed to best meet their renewable energy needs. Our client’s unique energy purchase agreement allows its customers to “go green” with no upfront capital while preserving all tax and incentive advantages. The company’s customers range from New England through the Mid Atlantic, the South, and the Southeast. 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.

Syngas
Served as counsel on state and federal legislative and regulatory matters for a client that is commercializing 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. 

Biodiesel
Helped a biodiesel manufacturing company with a joint venture agreement that provided capital necessary for construction of its manufacturing facility.

Name/Title Phone V-Card Email

David W. Brown, Jr.

Partner

t 704.335.9023 V-Card Email

Henry C. Campen, Jr.

Raleigh Office Managing Partner

t 919.890.4145 V-Card Email

Thomas N. Griffin III

Partner

t 704.335.9049 V-Card Email

Max E. Justice

Partner

t 704.335.9010 V-Card Email

Russell B. Killen

Partner

t 919.890.4151 V-Card Email

Nancy L. Olah

Counsel

t 704.335.9506 V-Card Email

W. Edward Poe, Jr.

Partner

t 704.335.9051 V-Card Email

Katherine E. Ross

Associate

t 919.835.4671 V-Card Email

R. Bruce Thompson II

Partner

t 919.890.4147 V-Card Email

Paul A. VanWagenen

Partner

t 843.727.2648 V-Card Email

Steven D. Weber

Partner

t 704.335.9065 V-Card Email

L. Kent Workman

Partner

t 704.335.9064 V-Card Email

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