Utility Company Violates Wind Farm Development Contract

Case Overview

This case involves a public utility company and a green energy supplier that entered into a contract under which the public utility company committed to making an equity investment into a wind farm the green energy supplier built. The public utility company failed to make the investment, claiming that the green energy supplier failed to meet certain conditions precedent in the contract to the public utility company’s investment, including the delivery of certain legal opinions, the validity of reps and warranties concerning material contracts, and the delivery of various certificates at the closing date. It was alleged that the public utility company refused to close because it was no longer interested in making the investment even though the green energy supplier satisfied these conditions at the closing date. An expert was sought to discuss standard closing protocol and opine as to whether or not the green energy supplier met the conditions.

Questions to the Energy expert and their responses

Do you have extensive experience in drafting and negotiating project finance transaction contracts/documents, particularly for renewable energy projects?

I have career experience in the field of renewable energy law. I formerly served as a partner in the global energy transactions and corporate practice groups at an international law firm. I also served as a partner in the corporate and energy practice group at a firm representing a range of commercial, industrial, and financial enterprises.

About the expert

This extremely qualified expert has years of experience in the field of renewable energy law. He received his BA degree from the University of California, Berkeley, and his JD degree from Georgetown University. He serves in the board of directors of the Los Angeles Center for Law and Justice and is a member of various other professional associations. He has published 10+ articles on renewable energy law and was listed as a top 25 clean technology lawyer in California by the Daily Journal. He is a former partner in the global energy transactions and corporate practice groups at Akin Gump Strauss Hauer & Feld and a former partner in the corporate and energy practice group at McDermott Will & Emery. Currently, he is a partner at a major law firm in Los Angeles.