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    • Overview
    • How We Help
    • Experience

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    Bart C. Bacigalupi Bart Bacigalupi photograph

    Bart C. Bacigalupi

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    Related Practices

    • Energy
    • Environmental
    • Government Relations and Public Policy
    • Mergers and Acquisitions
    • Project and Infrastructure Development
    • Real Estate
    • Regulatory
    • Tax

    Renewable Energy

    Clean energy developers, producers and suppliers choose the Gulf South to build at speed and meet industrial-scale demand. Phelps protects incentives and timelines on the ground to get projects operational.

    Phelps advises developers, sponsors, lenders and investors across solar, carbon capture, battery storage, biomass, hydrogen and wind throughout Texas, Louisiana, Alabama, Mississippi, and the wider Gulf South. We act as lead or local counsel on some of the region's biggest and first-of-their-kind clean energy projects, keeping them on schedule from site acquisition to operation.

    Our clients span the full clean energy value chain: utilities generating and buying power, industrial clients’ decarbonizing operations, landowners and startups developing new projects, and the EPC firms and equipment manufacturers bringing those projects online.

    National Reach From the Gulf South

    We help clean energy clients move into new markets without losing time to local hurdles. Phelps pairs on-the-ground connections and credibility with technical depth and deal execution on financing, tax, permitting and complex construction. We work with state and local regulators, governmental authorities, utilities and community leaders to give national clients local footing.

    Smarter Site Selection to Move Projects to Operation

    The best-financed renewable project still has to clear the queue and win local approval. We help clients pressure-test locations early with an eye on localized, renewables-specific risks. We weigh interconnection access and timing, land and lease positions, environmental and wetlands permitting, storm resilience, and community and political sentiment. By comparing based on the factors that govern approval and energization, we help clients find viable build sites.

    Protecting Renewable Tax Credits and Financing

    Tax credits are one of the industry’s strongest assets. We structure project finance and tax equity and guard the value of the investment and production tax credits, including IRA transferability, through diligence, labor and sourcing compliance, and clean deal documentation. When a credit is at risk, we find the fix before it reaches financing.

    “Phelps Dunbar has very strong regulatory capability, expertise in financing mechanisms and leadership in drafting and advocating for legislation and administrative rulemakings.”

    - Client quote, Chambers USA

    How We Help

    Site control and land rights

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      • Development agreements and contracts
      • Real estate, leases, servitudes and lease permitting
      • Land use and re-zoning
      • Title issues

    Permits and regulatory approvals

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      • Environmental, local, state and federal permitting
      • Interconnection and service agreements
      • Wetlands issues
      • Maritime issues
      • Utility regulatory issues

    Construction and operation

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      • Engineering, procurement and construction management
      • Feedstock agreements
      • Operation, maintenance and facility service agreements

    Financing and incentives

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      • Power purchase and off-take agreements
      • Project finance, tax equity and IRA-linked incentives
      • Restructuring and utility bankruptcy
      • Tax structuring, due diligence and incentives

    Deals and investments

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      • Antitrust
      • Contracts
      • Mergers and acquisitions

    Government and community relations

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      • Governmental affairs and policy strategy
      • Labor and employment
      • Litigation and dispute resolution
      • Public approval and community relations

    Experience

    Solar

    • Served as key advisor on real estate and contractual matters across multiple states for a leading nationwide developer of utility-scale solar and energy storage projects, in a partnership that expanded after the success of the first deal.
    • Secured real estate deals on a 100MW solar PV power project in Mississippi, enabling a Fortune 500 utility to supply clean energy to over 16,400 households.
    • Provided real estate, title, financing, environmental and permitting advice for an international solar company on numerous projects in Louisiana, Texas and Alabama.

    Carbon Capture

    • Lead counsel on development of a multibillion-dollar blue ammonia plant in Louisiana, which incorporates carbon capture technology. Advised on real estate and procurement, environmental wetlands and permitting issues, and defense against permitting challenges.
    • Steered manufacturer’s $198.5 million carbon capture project at the world’s largest ammonia manufacturing facility, including contract assignment to a new blue ammonia entity and counsel on related tax, environmental, transactional and regulatory issues.
    • Guided one of the largest land management companies in the southeastern United States through novel commercial contract, real estate and environmental issues in multiple significant carbon capture and sequestration projects.

    Bioenergy

    • Advised a global bioenergy supply company on real estate and transactional matters for multiple facilities across the Gulf Coast, including two in Louisiana and one in Mississippi.
    • Guided green energy company through the early stages of greenfield development of a biomass-fired power plant with carbon capture components, including real estate and land use issues, environmental permit planning and governmental relations work.

    Wind

    • Structured as primary transaction counsel a multimillion-dollar loan for a leading U.S. marine transportation company to finance construction of the first-ever U.S.-flagged, Jones Act-compliant windfarm service operations vessel (SOV).
    • Advised a national provider of technical field services for wind energy and utility-scale solar, based in California, in its sale to a leading renewables infrastructure firm. The transaction involved a complicated tax structure and unique intellectual property issues.
    • Counseled a newly formed renewables entity as it bought the stock of a solar and wind renewable energy engineering and construction firm. The transaction involved substantial structuring and tax issues.
    • Negotiated and prepared various agreements related to the development of solar and wind farms and related switching stations for a major utility provider.
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