Industry

Clean Energy

Counsel for clean energy, climate technology, and energy storage companies working through project finance, regulation, and commercialization.

Consilium Law LLC works with clean energy and climate technology companies on the legal questions that shape project development, financing, and commercialization. The industry sits at the intersection of FERC, state public utility commissions, EPA and state environmental agencies, the Department of Energy, and the federal incentive structure that runs through the Inflation Reduction Act. Each of those regimes pulls on the same projects from a different direction.

The work covers utility-scale and distributed generation, energy storage, transmission and interconnection, hydrogen and renewable fuels, carbon capture, and the climate-tech companies building the technologies that sit on top of those systems.

What legal work does the clean energy industry actually require?

Clean energy projects move through a sequence of legal layers: development rights, permitting, interconnection, offtake, financing, and operation. The deals that close on schedule tend to be the ones where each of those layers is integrated into the same document set rather than negotiated in isolation.

  • Project development: site control, permitting coordination, and entity structuring.
  • Interconnection: FERC and ISO/RTO queue practice, transmission service, and grid agreements.
  • Offtake: power purchase agreements, capacity contracts, REC and carbon credit agreements.
  • Project finance: tax equity, partnership flips, sale-leasebacks, debt, and sponsor equity.
  • Regulatory: FERC orders, state PUC proceedings, EPA permitting, and state energy rules.
  • IRA tax credits: PTC, ITC, advanced manufacturing credits, transferability, and prevailing wage and apprenticeship compliance.

How does the Inflation Reduction Act shape clean energy legal work?

The Inflation Reduction Act reorganized the economics of clean energy in the United States. The legal work it created is concentrated around tax credit structure, transferability, prevailing wage and apprenticeship compliance, domestic content adders, and the diligence trail that supports each.

Investors and counterparties now ask for credit-specific documentation as part of standard diligence, and the IRS guidance has continued to evolve through Notices, Treasury rulemaking, and FAQs.

How does this fit into an outside general counsel relationship?

For clean energy companies running multiple projects, an outside general counsel engagement makes the most sense for the corporate, contracting, and regulatory work that runs continuously. Project-specific financing and offtake transactions are scoped separately so the deal economics are clear.

Where useful, Consilium Law coordinates with specialized tax counsel and engineering or technical advisors.

What about AI and data infrastructure interaction?

Co-located generation, behind-the-meter arrangements, and data center power supply have become some of the most active questions in the sector. The legal answers cross FERC, state PUC, interconnection queue practice, and increasingly AI regulation when the load is itself an AI deployment.

Questions

Frequently asked questions

Does Consilium Law handle full project finance closings?

Yes. The practice covers tax equity partnerships, transferability transactions, debt, and sponsor equity work, and coordinates with specialized tax counsel where needed for opinion work on specific credits.

What about FERC and ISO/RTO practice?

Consilium Law handles FERC and ISO/RTO matters that affect commercial documentation, interconnection, and project schedule. For contested administrative litigation, the practice coordinates with energy litigation counsel.

How does the practice approach state-level energy policy?

State public utility commission rules, state renewable portfolio standards, state interconnection rules, and state siting authority vary by jurisdiction. The practice tracks the regimes that touch a given project and integrates them into the commercial documentation rather than treating them as separate compliance work.

Further Reading

SparkPoint is where Consilium Law writes about the legal and regulatory changes that touch this work. The current archive includes analysis across AI governance, clean energy, trade and sanctions, M&A, and data privacy.

Read SparkPoint
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