Energy and Cleantech INDUSTRIES

The world’s focus has turned to developing and implementing clean, renewable and efficient energy technologies. Investors, entrepreneurs and long-established companies are rushing to be at the forefront of these clean technology solutions. And as quickly as the cleantech industry is evolving, so are the opportunities and the challenges. You need a law firm that keeps up with these changes and has the expertise to help your company navigate the complex—and critical—aspects of bringing your cleantech idea to market.

While technology waves of the past have followed a pattern of venture capital funding to public offerings to perhaps an acquisition, cleantech companies will likely face a much more complicated path. What’s so different? Just a few new challenges cleantech companies face include:

  • Funding requirements that are beyond the scope of traditional venture capital investments: Whether funding comes in the form of strategic collaborations, project finance or government funding, we have the expertise to help you fund your enterprise. We can help you tap into available government funding to support your enterprise.
  • Keeping up with constantly evolving government regulations: Our nationally recognized regulatory and government affairs lawyers know how government works and can counsel you on complex regulatory issues including climate change, carbon regulation and trading, and other environment and energy-related matters.
  • Increasing importance of university or federal laboratory support of innovation: With our vast expertise in negotiating licensing agreements, including agreements with some of the country’s top universities, we can help simplify the process of going from idea to development, while protecting your stake in your IP.
  • Ensuring that you are taking advantage of complex and changing tax credits and incentives: Many companies, from startup to Fortune 500, can benefit from these tax laws. Let WilmerHale’s nationally recognized tax practitioners help you take advantage of all the available tax incentives.

WilmerHale’s Energy and Cleantech lawyers have decades of experience in the traditional energy, renewable energy and emerging technology industries. Whether you are a startup or public company, seeking assistance in obtaining venture capital investment or government funding, building your first commercial plant, or seeking guidance on complying with energy and environmental regulations, WilmerHale’s lawyers can assist you every step of the way.

The world’s focus has turned to developing and implementing clean, renewable and efficient energy technologies. Investors, entrepreneurs and long-established companies are rushing to be at the forefront of these clean technology solutions. And as quickly as the cleantech industry is evolving, so are the opportunities and the challenges. You need a law firm that keeps up with these changes and has the expertise to help your company navigate the complex—and critical—aspects of bringing your cleantech idea to market.

While technology waves of the past have followed a pattern of venture capital funding to public offerings to perhaps an acquisition, cleantech companies will likely face a much more complicated path. What’s so different? Just a few new challenges cleantech companies face include:

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Contacts

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Bain, Mick

Mick Bain

Co-Chair, Corporate Practice Group

+1 617 526 6158 (t)

michael.bain@wilmerhale.com

Kalpin, Mark C.

Mark C. Kalpin

Co-Chair, Energy and Cleantech Group

+1 617 526 6176 (t)

mark.kalpin@wilmerhale.com

Buckland, Peter

Peter Buckland

Vice Chair, Corporate Practice Group

Co-Chair, Emerging Company Practice

+1 650 858 6036 (t)

peter.buckland@wilmerhale.com

Publications & News

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September 29, 2016

Energy Sector Alert Series: The Future of Energy and Environment Policy Under a Clinton or Trump Presidency

With just under six weeks remaining until the election, we take stock of each candidate's positions on energy, climate change and environmental regulations and discuss what the regulatory landscape might look like under a President Clinton or President Trump. We also offer an analysis of the implications of a potential flip in Senate control coming out of November's many tight Senate races.

September 27, 2016

Agencies Chart the Future of US Offshore Wind Development

The US Department of Energy and US Department of the Interior recently announced an updated national strategy to facilitate the responsible development of offshore wind energy in the United States, with a goal of supporting the development of 86 gigawatts of wind energy by 2050.

September 12, 2016

Federal and State Wildlife and Natural Resources Managers Collaborate on Historic Conservation Agreement

The WilmerHale Energy, Environment and Natural Resources group was proud to represent Newmont Mining in working with state and federal entities, among other stakeholders, to develop a historic 1.5-million-acre voluntary, landscape-level conservation agreement, which was finalized last week in Carson City, Nevada.

August 10, 2016

Civil Penalties Set to Increase Significantly, Many Present Retroactivity Concerns

Over the past several months, many federal agencies have adopted rules significantly increasing the maximum civil monetary penalties (CMPs) they can potentially impose. The increased penalty amounts were adopted in response to recent legislation from Congress requiring that federal agencies make adjustments to “catch up” with inflation.

August 4, 2016

White House Issues Final Guidance on Climate Change Impact Analysis

On August 1, 2016, the White House Council on Environmental Quality released its final guidance on how and when federal agencies should consider the direct and indirect impacts from climate change, including from greenhouse gas emissions, in environmental reviews conducted under the National Environmental Policy Act.

July 28, 2016

FERC Goes Back to the Drawing Board on Data Collection Rule

On July 21, 2016, the Federal Energy Regulatory Commission proposed a new data collection rule that would require market-based rate sellers and entities trading virtual products or holding firm transmission rights in wholesale electric markets to report detailed information on their ownership structure, financial and legal connections with other entities, and other related information.

July 13, 2016

Civil Fines Jump Across Agencies Under Inflation Adjustment Act

Civil fines across federal agencies have recently been increased dramatically under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Sec. 701 of Public Law 114-74), with some more than doubling. Companies violating the Hart-Scott-Rodino (HSR) Improvements Act, the Securities and Exchange Act, or the Occupational Safety and Health Act (OSHA), among others, could soon face civil monetary penalties that are up to 150% higher than the existing levels. According to the Congressional Budget Office, the 2015 Act would increase the federal government's revenue by $1.3 billion over the next ten years.

July 1, 2016

FTC Workshop Examines Competition and Consumer Protection Issues in Rooftop Solar Industry

On June 21, 2016, the Federal Trade Commission held a workshop to examine competition and consumer protection issues in the rooftop solar industry—also known as solar “distributed generation.”

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

June 3, 2016

CFIUS Actions Highlight Focus on Critical Technologies and Infrastructure

In its latest report to Congress, the Committee on Foreign Investment in the United States, the US government's interagency body that vets foreign investment with national security implications, reported that it reviewed a record 147 notices in 2014, a 52% increase from 2013.