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Sullivan's Energy, Infrastructure & Sustainability group includes a cross-section of lawyers across multiple interrelated practice areas: tax, corporate, administrative law, government relations, litigation and land use.

Solar Panel On Field Against Sky

This interdisciplinary group is adept at handling the intricacies and complexities present in energy and infrastructure projects, including financing – public and private – or tax structures, permitting and zoning, nuanced negotiation and drafting of industry project contracts, loan agreements or credit enhancements, unique regulatory obstacles, and risk allocation among project participants.

Our understanding of the interface of energy and environmental regulation and policy, and a very strong grasp of trends and expectations in real estate development, as well as private equity and commercial banking arenas allow Sullivan to provide comprehensive, cost-effective, solution-oriented representation to our clients, particularly those involved in clean, carbon-neutral and renewable energy transactions and development.

Sullivan attorneys have experience across the range of renewable and other energy subsectors and technologies, including wind, solar, thermal power, combined heat and power, waste-to-energy, biofuels, landfill gas, hydroelectric, green hydrogen and district energy.

Our clients invest and participate in national and international energy markets, particularly in clean and renewable energy, and carbon trading transactions.

Our practice provides a full panoply of transactional services, from individual renewable energy projects to project portfolios:

  • Purchase & sale agreements
  • Sale/leaseback agreements
  • Development agreements
  • Interconnection & transmission agreements
  • Engineering, procurement & construction agreements
  • Operation & maintenance agreements
  • Mergers & acquisitions
  • Expansion & repowering projects
  • Permitting
  • Due diligence
  • Equity & debt financing transactions
  • Tax structuring
  • Tax credits
  • Governmental loan guarantees & grants

Infrastructure Finance

Our lawyers ably assist clients to integrate new technologies and innovative strategies into the traditional energy markets through creative financing arrangements and tax optimization. Sullivan attorneys draw on the firm’s nationally recognized tax and real estate practices, and our top-drawer regulatory, environmental, zoning and development, corporate and M&A practitioners, to efficiently and effectively close complex financing transactions.

Sullivan attorneys have represented clients in virtually all aspects of domestic and international infrastructure transactions, including public-private partnerships, acquisitions and divestitures (including privatizations), private equity offerings, debt offerings and restructurings, lease transactions, tax equity structuring and workouts.

We have experience assisting in the development and financing of power plants, gas pipelines, electric transmission, renewable energy, cogeneration, combined heating and power, waste-to-energy, hydroelectric projects, airports, LNG, green hydrogen and petrochemical projects.

Development & Sustainability

Sullivan’s Land Use & Permitting practitioners regularly advise their development clients on sustainable and resilient building regulations and climate change policies that directly or indirectly affect individual projects, or industry sectors. 

We specialize in advising our life science clients on the increased regulatory and business challenges with building life science development in colder waterfront climates in a sustainable, resilient, and cost-efficient manner. In order to guide our clients through the gauntlet of green policies against the backdrop of increased construction and development costs requires a real understanding of the mechanics of this asset class and also our clients’ underlying business assumptions and economic underwriting.

We also represent clients who develop infrastructure and renewable energy projects as real estate: battery farms, wind farms, solar farms and canopies, and EV-fleet hubs. These developments blend our attorneys’ expertise in real estate development with administrative and regulatory law, and government relations.

Finally, we regularly help our real estate development clients use government money to further their sustainability and resiliency practices and project components. There are currently billions of dollars available through state and federal funding sources to support EV charging, energy transition and other green energy sources. We specialize in advising clients on what programs may offer the best opportunities for their business and product lines. We are also actively representing clients in the ultimate negotiations and transactions necessary for participation in each program.

Recent Energy, Infrastructure & Sustainability Representative Matters

Transactional

  • Representing Agilitas, an energy storage leader in the Northeast, and a fully integrated solar PV developer, builder, owner and operator in joint venture, mergers & acquisitions and employee benefits work
  • Assisting client in developing a renewable natural gas (RNG) business in South Carolina, which will entail the construction and operation of a solar facility and facilities to hold feedstock (swine waste) and convert it to RNG. The solar facility will power the RNG plants and excess output will be sold to local utilities. The RNG facilities will use a process that generates a lower carbon footprint and produces substantially more RNG by input volume than traditional facilities. The project also will address a long-standing environmental justice issue related to swine farming by eliminating malodorous waste storage lagoons. Moreover, we are assisting the client in identifying potential federal grant sources to provide funding to develop prototype operations
  • Represented a lender fund in the financing of electrical vehicle (EV) charging stations throughout the U.S.
  • Advised lender on terms of additional protective documentation to be obtained in exchange for borrower-landlord allowing tenant to enter power purchase agreement with solar developer
  • Advised developer of affordable housing project of issues to consider in proposed solar power purchase agreement, and related Massachusetts regulatory requirements
  • Prepared joint portfolio development and finance agreement for solar developer with a tax equity investor to fund multiple solar projects
  • Assisted storage company in completing multiple agreements with developers for placement of rooftop solar facilities on client’s warehouses and purchase of power
  • Counseled municipality considering offshore wind power purchase, and charter school considering developer’s offer to install solar rooftop facilities, regarding terms of power purchase agreements
  • Prepared commercial contracts for EPC in export credit finance transaction to purchase, operate and maintain power plant for mining project in East Africa
  • Led team that provided transactional and regulatory advice to, and performed due diligence for, international EPC considering joint venture with Israeli company to place utility-scale solar thermal plant in Negev Desert
  • Assisted investment management company in preparing private placement memorandum for a climate mitigation fund focusing on carbon sequestration and developing forestry projects to generate carbon credits
  • Advised client in negotiating terms of an engineering, procurement and construction contract for development of a biotech facility at which a patented naturally occurring and sustainable biodegradable polymer will be produced
  • Represented Brenmiller Energy Ltd., a technology company that develops, produces, markets and sells thermal energy storage, or TES, systems based on its proprietary and patented bGen™ technology. The use of its technology enables better renewable integration, increases energy efficiency and reduces carbon emissions by allowing constant and reliable energy while stabilizing the intermittent nature of renewable sources
  • Represented EcoWave Power Global AB (publ), a wave energy company primarily engaged in the development of a smart and cost-efficient wave energy conversion, or WEC, technology that converts ocean and sea waves into clean electricity. Its corporate mission is to revolutionize energy production with its proprietary wave technology, and to become a leader in the renewable energy industry. Its WEC technology is implemented onshore or nearshore, as opposed to offshore systems, and draws energy from incoming waves by converting the rising and falling motion of the waves into a clean energy generation process

Permitting & Land Use

  • Representing REMAP, a real estate and mobility-as-a-service (MaaS) company primarily focused on developing tech-forward assets to manage, charge and maintain electric vehicle (EV) fleets and, more broadly, to help develop the next generation of urban infrastructure. Assisting REMAP with their launch in Massachusetts including providing strategic advice and assistance on municipal and site selection, political, regulatory and community hurdles, opportunities and outreach, as well as real estate transactions and permitting and land use representation on a site-by-site basis
  • Representing a Texas-based battery farm company that constructs energy storage developments to help store and provide power management for today’s changing grid, with advice and analysis in Massachusetts to assist with their site selection and ultimate development of one or more battery storage “farms” in and around the Boston area directly linking to the renewable power being sourced from the Cape Wind project
  • Represented a large Japanese energy company that purchased a company that owned gas-fired power plants, two of which were located in MA. Performed diligence with respect to Clean Air Act and other environmental and land use compliance as well as site contamination issues, including evaluating the status of Energy Facilities Siting Board approval process for a proposed plant expansion, as well as the disclosure schedules for environmental issues in the purchase agreement​​​​​​

Regulatory

  • Brief clients on Biden Administration’s environmental and energy priorities and policies
  • Counseled consumer products manufacturer regarding federal and state requirements governing marketing of “green” products
  • Advised a client establishing a renewable natural gas facility of the availability of federal tax credits under the Inflation Reduction Act for the production of clean hydrogen, the production of clean transportation fuel, and for the construction of a qualified energy production facility, as well as the availability of federal tax credits for the use of solar power to electrify the facility

Litigation

  • Representing Altesca, a solar energy company, in pursuing claims under an asset sale agreement relating to a variety of solar energy projects in various stages of development
  • Representing former officers of a liquified natural gas company in pursuing their stock option rights under a variety of agreements
  • Represented a Canadian retail energy provider in employment disputes

Viewpoints
All Viewpoints
Governor Signs Economic Development and Clean Energy Bills: Key Insights
On November 20, 2024, Massachusetts Governor Maura Healey signed a $3.9 billon economic development bill, known as the Mass Leads Act (H 5100), and also signed the Climate and Clean Energy Siting Law (S 2967). These laws are aimed at stimulating economic growth, promoting real estate development, advancing clean energy infrastructure, and accelerating the permitting process for energy projects in Massachusetts. The Mass Leads Act includes several provisions designed to improve the permitting process such as the Permit Extension Act, the creation of a State Permitting Regulatory Office, and protections for municipal zoning permits. Alongside the Mass Leads Act, the Climate and Clean Energy Siting Law introduces comprehensive reform to fast-track Massachusetts’ transition to clean energy. A key component of the Climate and Clean Energy Siting Law is streamlining the permitting process by having the Energy Facilities Siting Board grant permits for large energy projects while municipalities grant permits for smaller ones. This law also includes initiatives to promote energy storage, renewable energy, and electric vehicle infrastructure. Key Provisions of The Mass Leads Act The Mass Leads Act has key provisions to advance economic growth, make the permitting process more efficient, and drive investment in essential industries such as data centers, life sciences, and clean energy.  Included in the Mass Leads Act is the Permit Extension Act, which extends any permit, certificate, order (however, excluding enforcement orders), and license, determination, variance, waiver, building permit, or other such approval granted by a municipal, regional, or state governmental entity, for the use or development of real property, as well as any environmental approval in effect or in existence between January 1, 2023, and January 1, 2025, for a two-year period after the lawful term of the approval. The extension, however, does not apply to permits issued by federal agencies or subject to federal law.  Nor does it apply to certain specified approvals by the Massachusetts Division of Fisheries and Wildlife, the Department of Energy Resources, the Department of Transportation or the MBTA. Additionally, the Mass Leads Act includes an Act to Safeguard Municipal Permitting, which protects an owner or developer from needing to comply with subsequent zoning changes if the use or construction commences under a special permit or site plan approval within three (3) years after issuance of the special permit or site plan approval. Under prior law, there was only a one (1) year protection from subsequent zoning changes for special permits, and no protection for site plan approvals. The Mass Leads Act also creates a State Permit Regulatory Office under the Executive Office of Economic Development. The director of the Permit Regulatory Office will, among other things, work with other state agencies to expedite the process of obtaining state licenses, permits, and other approvals, establish a State Permit Ombudsman to assist new and expanding businesses, and review or deny municipal priority development site proposals made pursuant to M.G.L. c. 43D. The Act also establishes a separate Regulatory Ombudsman within the Permit Regulatory Office who will help businesses navigate compliance with state regulations and train state agencies on how to identify and lessen the impacts of regulation on small businesses. Key Provisions of the Climate and Clean Energy Siting Law The Climate and Clean Energy Siting Law introduces significant updates designed to streamline permitting processes and establish new statewide policies for clean energy projects. This law focuses on streamlining the permitting review process for clean energy projects, including energy storage projects, by consolidating all state, local, and regional, permits into a single master permit. Under this new system, the State Energy Facilities Siting Board will review all large clean energy projects (more than 25 megawatts of power or 100 megawatts of storage) with a decision required within 15 months from submission of an application. Municipalities will continue to oversee smaller projects, with permits to be issued or rejected within 12 months. If these deadlines are not met the application will be automatically approved, but the legislature may reassess the process if too many applications receive automatic approval. Besides streamlining the process, the law creates a new division of Clean Energy Siting and Permitting within the Department of Energy Resources. The new division is tasked with developing requirements for siting and permitting of small energy projects by local governments. These requirements will standardize the review and approval processes used by municipalities across the Commonwealth. This law lays the groundwork for important statewide policies focused on clean energy procurement and renewable energy sources. It broadens the scope of “clean energy” technologies to include nuclear fission and carbon reducing technologies, while coordinating with neighboring New England states to secure long term contracts with nuclear plants. The new law mandates a significant increase of energy storage capacity targeting 5,000 megawatt hours by 2030 to support renewable energy sources such as wind and solar. The law also simplifies and removes a number of barriers to the installation of electric vehicle charging infrastructure, including providing for broader use of pole-mounted electric vehicle chargers, removal of barriers to use of EV charging infrastructure that may otherwise be imposed by historic district commissions or neighborhood or homeowner associations. The law also codifies a definition of “public service corporations” as it relates to zoning exemptions that may be granted by the Department of Public Utilities or the Energy Facilities Siting Board. Under the legislation, a “public service corporation” refers to any corporation or entity qualified to do business in the Commonwealth that owns, operates, or plans to operate assets or facilities providing essential services such as gas, telecommunication, cable, water, or other similar services to the public. Under prior law, “public service corporations” were not defined by statute, and an unnecessary amount of documentation and analysis needed to be provided in administrative proceedings to establish what, in most cases, was an obvious determination. Lastly, the new climate legislation temporarily expands the jurisdiction of the Land Court’s specialized permit session to include renewable energy and energy storage projects. Given the Court’s expertise with land use permitting, this change should expedite the permitting process and ensure more efficient resolution for these projects in advance of the broader changes to the permitting processes. The approval of the Mass Leads Act and the Climate and Clean Energy Siting Law represents a pivotal step in boosting the Massachusetts economy, supporting continued real estate development, and advancing its climate and clean energy goals. If you have any questions or would like to discuss this Client Alert, please contact Greg Sampson, or any member of Sullivan’s Permitting and Land Use team.
Zoning and Development Newsletter
Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the next issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested in land use and permitting issues with an update on notable developments in the law that might be relevant to their projects. This edition summarizes the following: A Superior Court decision entering summary judgment in favor of our client and against plaintiffs’ challenge to the adoption of a PDA zoning amendment in Boston; Three Land Court decisions construing protections afforded by the Dover Amendment (namely, protections for solar energy, educational, and childcare facilities); An Appeals Court decision construing the Mechanic’s Lien Statute to prohibit courts from deducting costs attributable to the non-use of equipment from mechanic’s liens; An Appeals Court decision underscoring that courts may reach different findings from special permit granting authorities, even where the evidence presented in both proceedings is the same; A Land Court decision ruling that a special permit for a multi-family housing project required a supermajority (rather than bare majority) vote of the special permit granting authority because the project did not provide affordable housing on-site; An Appeals Court decision underscoring the bright line rule against overloading easements; and Two decisions construing and applying the Derelict Fee Statute.
State And Local Tax Policy To Watch In 2025
Dan Ryan was quoted in the article "State And Local Tax Policy To Watch In 2025," published by Law360 Tax Authority [sub.req'd] on January 1, 2025. The article highlights the potential ripple effects of changes to the federal tax policy landscape that could be implemented by the incoming Trump administration, including possible reductions in federal green energy credits or entitlement spending. Dan shed light on whether "Trump's skepticism toward certain green energy credits, such as those for electric vehicles that were enacted in the 2022 Inflation Reduction Act under President Joe Biden, could also prompt states to boost their incentives for developments for certain renewable energy companies." "To the extent those tax credits are reduced or eliminated by the incoming administration, some states may try to backfill the projects that are in existence already by increasing their green energy tax credits," said Dan.
Sullivan & Worcester Names Greg Sampson Leader of Permitting & Land Use and Energy, Infrastructure & Sustainability Practice Groups
Boston, MA – Global law firm Sullivan & Worcester has named real estate partner Gregory Sampson to lead the firm’s Permitting & Land Use and Energy, Infrastructure & Sustainability practice groups. Sampson, who joined Sullivan in 2023, has more than 25 years of experience representing clients throughout the permitting and public approval processes at the federal, state and local levels. His practice spans all classes of real estate development, as well as renewable energy, storage and related infrastructure. "Greg is extremely technical, practical and knowledgeable and provides thoughtful and measured counsel to manage what can be a contentious and complex process,” said Ashley Brooks, head of Sullivan’s renowned Real Estate practice group. "He is a nationally recognized real estate thought-leader and an outstanding client advocate who has built a leading land use and energy practice based on his reputation for integrity, legal acumen and consensus building. We are lucky to have him on our team and now in a much-deserved leadership role." Prior to becoming an attorney, Sampson worked for a decade as a Project Manager/Senior Environmental Planner for BSC Group, Inc. in Boston. He is a LEED (Leadership in Energy and Environmental Design) accredited professional with Neighborhood Development specialty. He has held a number of leadership roles at NAIOP, including currently serving on the Board of Directors for both the Massachusetts chapter and the national corporate boards, and has earned multiple legal and real estate industry accolades and honors. Sampson currently serves on the state’s Siting Practitioner Advisory Group which delivered regulatory and legislative proposals to the Massachusetts Commission on Energy Infrastructure Siting and Permitting regarding renewable energy and infrastructure siting. He is a frequent media source on permitting matters and currently serves as chair of the City of Melrose Planning Board. "It’s an exciting time to be working in this market given the critical need for new housing, clean energy infrastructure, and new economic development. When it comes to navigating the maze of requirements for development projects, including environmental due diligence, financings and acquisitions, nobody does it better than our team at Sullivan & Worcester," Sampson said. "From high-tech development to student housing, from sports facilities to solar fields, Sullivan lawyers have done it all, working with our clients through the full lifecycle of the development process."  Sampson earned his J.D. from Suffolk University Law School and his undergraduate degree from University of Notre Dame. Sullivan’s Permitting & Land Use attorneys assist clients with obtaining permits for development projects at the local, state and federal levels and provide clients with important strategic and political advice. Over the years, Sullivan has represented developers, landowners, institutions (colleges & hospitals), lenders, investors and public authorities in addressing land use laws affecting planning and zoning, environmental and historical impact review; coastal zone management; wetlands and waterways; brownfields; solid, hazardous and municipal waste; public lands and endangered species. The broader real estate team at Sullivan includes lawyers from multiple sectors, whether private or public, representing clients in many different asset classes. Sullivan’s real estate group is nationally recognized for representing developers and operators, and institutional, family office and non-U.S. investors in every aspect of the commercial real estate industry and global capital markets.  Clients know them as innovative problem-solvers who take sophisticated real estate projects and investments from idea through exit. Sampson takes the reins of the Permitting & Land Use group from former Sullivan lawyer Jennifer Schultz who recently left the firm. About Sullivan Sullivan & Worcester (Sullivan) is a global law firm with approximately 200 attorneys in Boston, London, New York, Tel Aviv and Washington, D.C. Sullivan’s clients, including Fortune 500 companies, leading financial services firms and asset managers, boards of directors, real estate companies, and emerging businesses, rely on Sullivan’s ability to navigate complex legal and operational landscapes, the impeccable judgment of its lawyers, and its commitment to best‑in‑class client service.