Energy Generation

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Our clients are making innovative strides in solar, wind, biofuels, waste to energy, oil and natural gas, and as leaders in their fields, our clients are discovering new ways to create energy. We are guiding them through the regulatory requirements, avoiding legal roadblocks, assisting them with accessing capital and protecting their assets until they can execute their exit strategy. Specific examples of our representation include the following:


  • Developer and sponsor counsel with respect to a 400-home distributed solar transaction with a Native American utility.
  • Tax counsel to a developer with respect to a 20-megawatt distributed solar transaction.
  • Developer counsel in negotiation of a power purchase agreement (PPA) with an investor-owned utility (solar).
  • Developer counsel to a Fortune 10 company’s initiative to lease solar panel systems on their retail outlets in three states.


  • Purchaser counsel for the procurement of $137 million of wind turbines.
  • Lead developer counsel for a 100-megawatt wind energy facility.
  • Developer’s counsel with respect to negotiation of turbine supply agreements.
  • Lead counsel to a private equity fund with respect to its investment in a 48-megawatt wind farm.


  • Lead developer counsel for a $290 million biomass conversion ethanol and corn oil facility in Iowa.
  • Lead lender counsel for a $175 million biodiesel facility in Iowa.

Waste to Energy:

  • Developer counsel in the negotiation of patent rights and license agreement for a solid waste to synthetic gas facility.
  • Lead developer counsel for a municipal waste to ethanol algae system in the southeastern United States.

Natural Gas:

  • Developer counsel for $75 million skid-mounted sour-gas refinery facilities in Colorado.
  • Developer counsel for a natural gas to electricity cogen facility in the western United States.


Biomass offers America tremendous opportunity to use domestic and sustainable resources to provide its fuel, power and chemical needs from plants and plant-derived materials. Our Alternative and Renewable Energy Group has been assisting clients to produce an array of energy-related products including electricity, liquid, solid and gaseous fuels, heat, chemicals and other materials for over two decades.


Solar power encompasses a variety of different technologies, including photovoltaic (PV), solar thermal energy (STE) and concentrating solar power (CSP). Kutak Rock’s Alternative and Renewable Energy Group has experience with all aspects of both utility-scale and distributed solar power projects and represents utilities, manufacturers, developers, lenders, federal agencies and private owners of such projects. We help clients acquire land and building rights, put together project financing packages, negotiate power purchase agreements, structure the ownership plan to take advantage of federal and state tax benefits, and utilize any carbon credits that may be available, all in an efficient and cost-effective manner.

Waste to Energy:

With Americans producing more and more garbage each passing year, the opportunity for utilizing waste to produce energy has increased as well. Our Alternative and Renewable Energy Group assists clients in this industry as they make innovative strides to produce electricity more efficiently and divert waste from landfills around the country.


Wind energy has become one of the world’s fastest-growing energy sources and our Alternative and Renewable Energy Group has assisted dozens of developers, investors, lenders and manufacturers providing resources to this industry.