Renewable Energy

The DarrowEverett Renewable Energy Practice Group attorneys bring significant public and private sector experience in working with renewable energy developers and financiers, as well as public and private “offtakers” who want to acquire energy or net metering credits. DarrowEverett attorneys have provided due diligence, drafting, negotiation and consulting services to clients on over 300 MW of renewable energy projects across New England. The Renewable Energy Practice Group has a fully-integrated tax unit ensuring that the tax benefits and restrictions in federal, state and municipal law are considered at each stage of the structuring, planning, financing, development and operation of renewable energy projects.

Our regulatory attorneys regularly advise clients regarding the interaction between federal and state procurement law. In addition, our attorneys have years of experience dealing with municipal zoning and other land use restrictions relating to solar projects. Such experience comes both from representing clients before applicable municipal boards, as well as serving on municipal boards.  This has given our attorneys first hand experience in advocacy relating to municipal solar matters, as well as the process of crafting zoning and other applicable land use ordinances.   

Practice group members focusing on real estate transactions bring decades of experience in leasing and acquisition of land to the renewable energy industry, including preparing and reviewing solar leases, solar easements and option agreements on behalf of landowners and tenants

Those Renewable Energy Practice Group members who focus on corporate transactions have deep experience in all components of renewable energy project development, including, without limitation, private equity offerings geared toward raising capital, syndicating tax credits and state law compliance with tax and grant requirements. The corporate attorneys in the Renewable Energy Practice Group are also experienced in diligence reviews of Interconnection Service Agreements, Power Purchase Agreements (PPAs) and Net Metering Credit Agreements.

Our attorneys represent clients in transactions ranging from negotiating utility, access and shading easements to simple credit agreements to complex, multiparty tax equity financings. Additional services include:

  • Real estate, corporate and regulatory due diligence on portfolio financing arrangements;
  • Entity formation, tax structuring and outside general counsel assistance;
  • Assistance with site control through lease or acquisition, permitting, interconnection application and offtake agreements;
  • Municipal matters, such as negotiating payment-in-lieu-of-tax agreements and zoning compliance;
  • Project development support, including negotiating engineering, procurement and construction contracts and operation and maintenance services agreements;
  • Project financing, including bridge loans, term loans and tax equity financing;
  • Mergers and acquisitions, including purchases and sales of individual renewable energy facilities and of portfolios consisting of several facilities;
  • Investment vehicle structuring for clean energy finance, raising capital from clean energy investors and deployment of investment capital through equity or debt investments;
  • Advisory services on a broad range of state utility matters, including net metering, SRECs, interconnection standards, back-up/standby rates, feed-in tariffs, renewable portfolio standards, public procurement and property taxation
  • Negotiation of energy contracts, such as PPAs and Net Metering Credit Agreement
  • Regulatory compliance, such as compliance with utility tariffs, environmental regulations and energy regulations


We have committed ourselves to assisting our clients in making well-informed, productive and ultimately successful decisions on all issues that come before them.

We take pride in on our ability to provide each client with the attention to detail and high level of service that their transactions require, while at the same time providing practical and business-oriented advice and solutions.

Current News and Events

  • End of Year Tax Update

    The Tax Cuts and Jobs Act of 2017, signed into law by President Trump on December 22nd, 2017 (the “Tax Cuts and Jobs Act”), added Code Section 199A to the Internal Revenue, which provides for up to a 20% deduction applicable to pass- through income, including income from S-Corps, partnerships, and sole proprietorships. Given this new deduction, it is within an owner of a passthrough’s interest to maximize what the IRS refers to as Qualified Business Income (“QBI”) which is defined as income net of any deductions or losses from a qualified business or trade, including any wages paid by the pass-through entity. The IRS requires that shareholders of S-Corps who perform services for the S-Corp must have a portion of their distributive share from the S-Corp and other payments be classified and treated as wages so that the amounts are reasonable compensation for services rendered. Consequently, all S-Corp shareholders who perform services for the S-Corp must receive reasonable wages which will necessarily reduce the amount of QBI available for the 20% deduction provided by §199A.

    In order to remedy this potentially disadvantageous side-effect of being organized or treated as an S-Corp, it might be advisable, depending on taxable income, for entities to consider changing their taxable form to partnerships or sole proprietorships, as these types of entities are not required to compensate service providing shareholders with reasonable wages. Such a switch will affect many other tax elements, such as self-employment tax and Medicare tax liability. Furthermore, various states tax law regimes have laws specific to pass-through entities that may or may not be applicable depending on the structure of the entity. Because such a structural change will affect how income to individual shareholders is taxed at a statewide level, as well as at a federal level, it is highly recommended that tax advisors and counsel be consulted to determine the most tax efficient manner for taking full advantage of the §199A 20% income deduction. To take advantage of accelerated depreciation and expensing of certain business related assets, read the full update. Read More

  • Investment in Opportunity Zones

    In December 2017, President Trump signed The Tax Cuts and Jobs Act into law enacting a national Opportunity Zone program designed to provide significant real estate and other investors significant federal tax incentives to invest in 8,700 historically distressed, state-designated neighborhoods throughout the United States. Specifically, the federal tax incentives provided through the Opportunity Zone program may permit an investor not only to defer present taxation on any of its currently realized and recognized capital gains, but also to reduce the actual amount of capital gains ultimately realized in the future. In addition, for certain investments held for more than 10 years, any and all gains on such investment amounts will be 100% tax-free for federal income tax purposes, to the extent initially comprised of deferred capital gains. Read our client update todayDisclaimer: You should not act or rely on any information at this website without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.  Read More

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