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The rapidly growing solar industry is global, dynamic, multifaceted, and complex. And so Covington’s cross-disciplinary solar team operates globally, advising clients across the entire solar industry value chain regarding diverse and novel industry-shaping legal and policy matters. In this sense Covington’s solar practice and experience is distinguished from many firms that focus their solar efforts primarily or exclusively on solar project finance.
Environmental Impact Analysis and Permitting in California Desert
BrightSource Energy on environmental impact analysis and permitting of its Ivanpah project in the California desert.
Solar Integrated Technologies Acquisition by Energy Conversion Devices
Energy Conversion Devices, Inc. in its acquisition of Solar Integrated Technologies, Inc., an AIM-listed leading provider of building integrated photovoltaic roofing systems.
Solar Development Financing Activities for Green Lake Capital
Green Lake Capital in its solar development financing activities, including a pooled power purchase transaction covering six megawatts DC of distributed solar facilities located at municipal sites throughout California.
OptiSolar Sale to First Solar
OptiSolar Inc. in the sale its project development business to First Solar, Inc. in an all-stock transaction valued at approximately $400 million.
Organic Photovoltaics Patent Infringement Litigation
Plextronics in patent infringement litigation with Konarka relating to organic photovoltaics.
Corporate, Financial and Operational Matters for Borrego Solar Systems
Advising Borrego Solar Systems, Inc. on a variety of corporate, financial and operational matters in a dynamic and rapidly changing solar market. Borrego is one of the oldest and largest solar integrators in California with over 25 years of experience. We counseled Borrego on tax, regulatory and corporate matters related to power purchase agreement, engineering procurement and constructions contracts, operations and maintenance contracts and site access agreements on more than 30 projects.
Vivint Solar Acquisition by SunEdison
Morgan Stanley as financial advisor to Vivint Solar, Inc. in its $2.2 billion acquisition by SunEdison, Inc.
Residential Solar Division Sale to groSolar
Borrego Solar Systems Inc. in connection with the sale of its residential solar division to groSolar Inc.
Borrego Solar Project Finance Fund
Represented Borrego Solar Systems, Inc. in connection with its $47 million project finance fund with partners U.S. Bank and East West Bank.
Solar Development and Pooled Power Purchase
Represented Green Lake Capital in its solar development financing activities, including a pooled power purchase transaction covering six megawatts DC of distributed solar facilities located at municipal sites throughout California.
$55 Million Credit Facility for Energy Company
Energy Conversion Devices, Inc. and its wholly owned subsidiaries, United Solar Ovonic LLC and United Solar Ovonic Corporation, in a $55 million secured revolving credit facility with JPMorgan Chase Bank, N.A.
Solar Project Joint Venture
SunShare, LLC, a developer of community solar farms, in connection with its construction and project development and financing plan, including in a senior secured bridge financing provided by Solar Construction Lending, a joint venture between MMA Capital Management and Fundamental Advisors, for community solar power farm projects in Colorado and Minnesota.
Solar Power Project Financing
Adenium Energy Capital on the financing of a 15 megawatt captive solar photovoltaic power project in Jordan that will provide electricity to a cement factory owned by LafargeHolcim. This was the first corporate PPA transaction in the Middle East to be financed on an IPP basis.
Documentation and Species Mitigation for Solar Facility Siting
Negotiated with U.S. Department of Interior and California Energy Commission relative to environmental documentation, including NEPA, and species mitigation for siting of solar facility.
Financing and Policy Counsel for African Solar Projects
Gigawatt Global d/b/a Energiya Global on policy and financing issues relating to development of solar projects in Africa, initially in Rwanda and Nigeria.
Community Energy Solar FERC Order
Represented Community Energy Solar facilities in obtaining a 2015 order from FERC denying Virginia Power’s attempt to terminate its mandatory purchase obligation from Qualifying Facilities under the Public Utility Regulatory Policies Act (PURPA).
California Solar Project Financing
Represent a fund manager sponsor as regulatory counsel in the acquisition, development, as well as the construction, back-leverage, and tax equity financing of a 26 MW portfolio of solar projects in California, scheduled to close in 2020.
Oregon Solar Project Financing
Represent a lender as regulatory counsel in the construction financing of a 50 MW portfolio of four solar projects being developed by a sponsor/independent power producer in Oregon.
Multi State Solar Project Financing
Representation of fund manager sponsor as regulatory counsel in the acquisition, development and tax equity financing of a 45 MW portfolio of eight solar projects in Nebraska, Oregon, Virginia.
March 27, 2019, Inside Energy & Environment
On March 12, 2019, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the U.S. Department of Commerce’s (“Commerce”) determination that solar panels assembled in China from non-Chinese cells were subject to antidumping (AD) and countervailing duties (CVD). See Canadian Solar, Inc. v. United States. In doing so, the Federal Circuit ...
May 16, 2017, Inside Energy & Environment
On April 26, 2017, the U.S.-based solar manufacturer Suniva, Inc. filed a petition for global safeguards with the U.S. International Trade Commission (“ITC”). In particular, Suniva requests the imposition of tariffs on solar cells and the establishment of a minimum price for solar modules imported into the United States. The petition was filed under Section... ...
March 17, 2017, Inside Energy & Environment
A recent New York Times article reported on an early-stage, solar energy microgrid being formed in Brooklyn, called the Brooklyn Microgrid, that relies on blockchain technology, the innovative database technology used by cryptocurrencies like Bitcoin that promises to transform industries as diverse as financial services, health care, retail, and manufacturing. ...
Becoming Clean #6: W. Andrew Jack
March 5, 2017, Monaco Life
Andrew Jack was interviewed by Monaco Life for its “Becoming Clean” feature ahead of the 2017 CleanEquity Monaco conference. Commenting on the evolution of Covington’s Clean Energy and Climate Industry Group, Jack says, “We started up in late 2008 and we now have about 85 of the approximately 1,000 lawyers in the firm who are devoting a fair amount of their time ...
Accelerating Project Implementation for Distributed Solar in the Commercial, Residential and Industrial Sectors
December 14, 2016, 5th Annual MENA Clean Energy Summit, Clean Energy Business Council, Dubai, UAE
How to implement distributed solar projects in Jordan
November 15, 2016, MESIA: Jordan/Palestine Solar Energy Trade Mission, Amman, Jordan
Trump's election: Implications for US infrastructure
November 9, 2016, IJ Global
Andrew Jack is quoted in an IJ Global article regarding the implications of Donald Trump’s election for U.S. infrastructure. According to Jack, although there is much uncertainty about what might change, “there’s a lot of things that are going to continue regardless of who is in government.” Jack points out that there will continue to be technological ...
Solar 2.0: Offtake Agreements with Non-Governmental Commercial and Industrial Electricity Consumers. How to Efficiently Structure Bankable Deals?
November 1, 2016, Unlocking Solar Capital, Solar Plaza, Nairobi, Kenya
Combining Energy Efficiency with Energy Distribution & Financing Models for Distributed Generation
October 5, 2016, Dubai Solar Show Seminar Week, Dubai, UAE
Solar Power in the UAE
September 19, 2016, Intersolar Middle East, Dubai, UAE
September 16, 2016, Inside Energy & Environment
Today, our colleague Whitney Schneidman posted on CovAfrica an interesting article that explores the theme of solar energy as an increasingly attractive opportunity for investment in Africa. The article can be read here. Continue Reading…
Legal and Commercial Structuring for Shams Dubai Projects
March 1, 2016, Solar Leasing and the Implementation of Distributed Solar in MENA, Clean Energy Business Council, Dubai, UAE
Best practices in structuring solar power project finance
September 14-16, 2015, GulfSol, Dubai, UAE
July 21, 2015
NEW YORK, July 21, 2015 — Covington advised Morgan Stanley & Co. LLC as financial advisor to Vivint Solar, Inc. in connection with its acquisition by SunEdison, Inc. The transaction consideration, valued at $2.2 billion, will be paid to Vivint stockholders in a combination of cash, SunEdision common stock and a convertible promissory note. Vivint Solar sells, ...
December 22, 2014
WASHINGTON, December 22, 2014 — The Global Competition Review (GCR) has named Covington & Burling to its Global Elite, a list of the top 20 competition practices worldwide, ranking it among the top practices in both Brussels and Washington, D.C. Each year, GCR undertakes extensive analysis of competition law groups in 50 jurisdictions around the world. In ...
November 11, 2014, Inside Energy & Environment
Residential rooftop solar energy continues to expand at a rapid pace in many states. This growing market dynamic is affecting the business model of traditional electric utilities. Some utilities have sought to impose obstacles to the growth of competing solar rooftop providers, citing concern that as more homes produce their own electricity, the corresponding ...
April 1, 2014, Inside Energy & Environment
On March 28, His Serene Highness, Prince Albert II of Monaco bestowed innovation awards for excellence in the field of environmental technology to three emerging technology companies — Mango Materials, Frigesco, and One Earth Designs — out of a field of 22 companies from 11 countries that participated in the annual three-day CleanEquity Monaco conference... ...
January 6, 2014, Inside Energy & Environment
Here at Inside Energy & Environment we are honored to share that Law360 has named Covington’s energy practice as a 2013 “Energy Practice Group of the Year.” In giving this award, Law360 recognized the breadth of Covington’s practice capabilities (including litigation, transactions, regulatory and government policy) in both the traditional energy and clean ...
December 24, 2013, Inside Energy & Environment
FERC recently approved the California ISO’s (CAISO) proposal to lower a bidding floor to more efficiently address a growing “over generation” problem due in part to increasing “variable energy” (i.e., typically renewable) resources. A bit of background is needed to understand the problem and the solution. CAISO operates two bid-based energy spot markets to ...
December 20, 2013, Inside Energy & Environment
Earlier today, the Department of Defense (DoD) issued an interim rule that seeks to clarify when a contractor may use a non-U.S. manufactured photovoltaic (PV) device in certain government contracts. The rule offers guidance to contractors in determining whether a PV device qualifies as a permissible “designated country” device, explaining that the test should ...
February 25, 2011, Covington E-Alert
January 11, 2011, Covington E-Alert
December 1, 2010, Covington E-Alert
September 30, 2010, Covington E-Alert
October 30, 2009, Covington E-Alert
August 18, 2009, Covington E-Alert
July 10, 2009, Covington E-Alert
IRS Publishes Guidance for Electing ITC In Lieu of PTC for Certain Renewable Energy Facilities
June 10, 2009, Covington E-Alert
May 7, 2009, Covington E-Alert