Covington & Burling LLP | Practices, Industries & Regions

Over the past three years, the wind industry (in the United States and globally) has experienced a dramatic acceleration of installed capacity. In the US, new policy measures introduced as part of the Obama Administration’s economic stimulus drove a substantial portion of this increase, but those measures have mostly expired. Continued growth of the industry in the US at the same steep rate will depend on developments in government policy, the available pool of capital, advances in technology and market conditions. Internationally, the wind industry will continue to see exceptional growth with both emerging and established markets continuing to add all forms of capacity and with manufacturers establishing and enhancing their global operations and sales.

In this environment, Covington’s cross-disciplinary team operates globally advising clients across the wind industry regarding diverse and novel industry-shaping legal and policy matters. Covington is uniquely positioned to meet a wind client’s need is for experienced hands to:

raise capital for a business along any part of the wind value chain from project financing to funding cutting-edge wind technology;
develop partnerships with international manufacturers that promote growth and protect critical intellectual property;
advise on CFIUS and other national security-clearance implications of cross-border acquisitions;
respond to Congressional investigations regarding contracts with the US government;
arbitrate multinational commercial disputes;
develop project siting, permitting and interconnection strategies for projects on environmentally sensitive lands that win regulatory approval and overcome interest group opposition;
create tax strategies relating to funding vehicles for US developers or tax minimization strategies for global investments and projects;
advise on antitrust, unfair trade practice or other competition law controversies;
lobby US or EU governments on tax or other policies or programs that affect the wind industry;
counsel on insurance coverage, including to enforce policy claims against insurers;
engage in acquisitions, financings or other strategic transactions; or
handle a myriad of other common or uncommon types of transactional, regulatory, intellectual property, litigation or government affairs matters of consequence to the wind industry.

Covington brings expertise in these areas, each of which will be key to the industry’s global growth over the next several years.

Representative Matters

The FAIR Coalition - Helped organize and are coordinating a coalition of wind industry companies in early 2013 to advocate for extension of Master Limited Partnership (MLP) treatment to wind assets, the “FAIR (Financing America’s Investments in Renewables)” Coalition.
NRG Bluewater Wind - Provide advice concerning permitting process by federal agencies for off-shore wind farm off the coast of Delaware.
First Wind - Advise and consult with federal and state agencies on implementation of a Habitat Conservation Plan for endangered shorebirds on Maui, Hawaii.
First Wind Holdings LLC - Representation with regard to insurance claims arising out of fires that occurred at its Kahuku Wind farm, Oahu, in 2011 and 2012. Coverage issues include property damage, business interruption, and potential environmental liability issues.
GE Energy Financial Services - Advice on US tax aspects of international wind projects.
Gamesa - Advised this international wind turbine manufacturer in international arbitration and US commercial matters.
A Domestic Wind Technology Company - Establish a strategic partnership with a major Chinese wind-turbine manufacturing company.
An International Strategic Investor - Advise an international investor on its consideration of acquisitions of US wind assets, including on cross-border regulatory issues, environmental policy questions and corporate structuring.
RES-Americas - Advise on likelihood of completing the permitting of several projects in light of siting and mitigation requirements for eagles and other potential species of concern.
American Wind Energy Association (AWEA) - Advise on FERC regulatory matters.
Indian Energy Limited - A wind energy project in India, with respect to creating a tax efficient structure (pre-IPO private placement); and on its initial public offering on AIM and other capital raises pre- and post-IPO.
Wells Fargo - Provide advice on a tax-exempt bond financing of a wind power project.