Eckert Seamans’ Energy Group provides alternative energy clients with a broad array of legal skills and government/business experience to help them successfully achieve their project objectives and business goals from inception to operation and all steps in between. The Energy Group represents (or has represented) most segments of the energy industry, including renewable energy companies, traditional utilities, domestic energy companies, foreign energy companies, mineral companies, gas exploration and extraction companies (including Marcellus shale producers), financial institutions, private equity firms, government entities, and other companies associated with the natural resource industry. Eckert Seamans’ energy experience includes representation of a variety of alternative energy and “cleantech” projects.

A key member of Eckert Seamans’ alternative energy and cleantech practice is John Hanger, former Secretary of the Pennsylvania Department of Environmental Resources (DEP) and former Pennsylvania Public Utility Commissioner. John is a nationally recognized expert on environment, energy, gas drilling and green economy issues who has unique experience in government and in the private sector. While serving as Secretary of the DEP, John led Pennsylvania’s alternative energy development by assisting thousands of clean energy projects in becoming a reality. In 2010, he attracted $2.5 billion of private investment to Pennsylvania for clean energy investment. John also led Pennsylvania’s implementation of the energy and water infrastructure portions of the American Recovery and Reinvestment Act (ARRA). John was the founding President of Citizens of Pennsylvania’s Future, or PennFuture, from 1998 to 2008, the leading public interest organization working to improve the environment and economy and developing alternative energy projects.

Alternative energy, cleantech clients and related projects on which the Energy Group has assisted include the following:

• Renewable and sustainable energy providers. Counseled wind and solar energy providers and ethanol and land fill gas facilities regarding development and procurement, intellectual property protection, project finance, tax strategies and environmental and land use issues. Provided strategic counseling regarding finance, regulatory issues, mergers and acquisitions, various contractual matters, including power purchase, marketing, construction, equipment purchase and sale, licensing and maintenance agreements and assisted in identifying the federal tax treatment of solar and renewable investments.
• Served as Pennsylvania counsel for the construction of wind power facilities.
• Advised alternative energy companies in connection with regulatory matters before state PUCs, including rules for Alternative Energy Credits.
• Represented an Adams County, Pennsylvania biomass plant drafting and negotiating transactional agreements and in obtaining “net-metering” status from local distribution utility.
• Provided assistance to a company in establishing a biomass facility in New Jersey.
• Advised a solar leasing company that is seeking to offer solar installations on a net-metered basis to residential homeowners in Southeastern Pennsylvania.
• Drafted and negotiated carbon credit trading agreements which serve as the basis for trading carbon credits on the Chicago Climate Exchange.
• Provided regulatory and litigation counsel to FERC-licensed hydropower projects in numerous state, federal, appellate and agency cases regarding administration and operation of project, license compliance and license modifications, environmental impacts and personal injury claims.
• Served as counsel to municipal development authorities in efforts to build reservoir projects.
• Represented power producers in efforts to enforce its authority to control development and conditions at a hydropower project.
• Counseled an industrial development agency in relation to installation of 1 MW ground mount photovoltaic array including solicitation of development proposals, preparation of developer agreements, site acquisition, land use approvals and sale of renewable energy credits.
• Acted as regulatory counsel to regional wind energy development trade association in obtaining favorable regulatory policies for wind energy.
• Acted as counsel regarding underwriting for new ethanol facility; assisted with siting, land acquisition, land use and zoning, state and federal grant and credit procurement.