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Team Leader

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Team Opportunities

Telecommunications Associate, Buffalo, Rochester, Albany or New York City  More

In The News

David P. Flynn Recognized in Business First’s Who’s Who in Energy  More

David P. Flynn to Speak at Upcoming Chautauqua County Energy Conference  More

David P. Flynn Comments on Concerns Regarding Developing Renewable Energy Projects  More

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Press Releases

David P. Flynn to Present at the Business Council of New York State’s 2014 Annual Environment Conference  More

Richard E. Honen Addressed NY EXCEL CLEANTECH Program Participants at Skidmore College  More

Fifty-One Phillips Lytle LLP Attorneys Named to the 2014 Upstate New York Super Lawyers® List  More

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Speaking Engagements

“Trends in Energy & Environment,” The Business Council of New York State’s 2014 Annual Environment Conference, October 2014  More

International Programs Roundtable: Navigating the U.S.-Canadian Renewable Energy Project Landscape, American Council on Renewable Energy (ACORE), June 2014  More

“Great Lakes Action Plan: What it means for businesses in New York,” Business Council of New York State’s 2013 Annual Industry-Environment Conference, October 2013  More

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Publications

“LDAR: A Problem and a Solution for Hydraulic Fracturing,” Environmental Law Reporter, May 2014  More

Earth Matters - Issue Eleven - April 2013  More

“Surge in New York State Solar Projects Signals Supply Chain Opportunity,” Renewable Energy Post, Phillips Lytle Energy Blog, April 2013  More

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Energy Industry

Concerns about global warming, grid reliability, energy independence, financial incentives and pressure from the government and consumers to generate more energy from renewable sources are creating exceptional opportunities for energy providers, developers and investors. For example, by 2050, state standards are projected to provide support for 76,750 megawatts of new renewable energy in the United States. The growth of renewable energy in the United States has been driven by federal and state incentives including tax credits and grants which promote the construction of renewable energy facilities. Additional opportunities and challenges are arising from the development of Marcellus Shale Formation gas. Repositioning natural gas as a preferred energy source, Marcellus Shale presents wide-ranging issues for companies in the natural gas supply chain.

This commitment to increase energy supply, and likely increases in demand, amounts to an unprecedented opportunity for stakeholders who develop, build, manage and invest in these projects. And Phillips Lytle has the resources necessary to move these opportunities forward.

Phillips Lytle works with stakeholders to complete their projects on time and on budget. We are able to deliver unmatched knowledge about statewide, regional and local regulations and zoning ordinances to our clients – ensuring a project’s speed to market. We grasp the environmental standards that must be met, and we know how to work effectively with the groups that are likely to offer resistance.

Phillips Lytle helps clients capitalize on the most advantageous mix of local, state and federal tax and other incentives available for their development. As a “Red Book” firm in public finance, we also offer counseling in all aspects of bond issues and other public finance transactions. Furthermore, the firm has a long-established reputation as a premier banking law firm whose clients include major financial institutions involved in lending to energy-related projects.

We have one of the leading Land Use & Zoning law practices in New York. Our attorneys assist a variety of clients from local business owners and developers to FORTUNE 500 companies with special, restricted and conditional use permits, site plan reviews, area and use variances and rezonings. Our attorneys have participated in hundreds of environmental impact reviews pursuant to the State Environmental Quality Review Act (SEQRA). In fact, the firm has been recognized for six consecutive years by Chambers USA for excellence in environmental law. Over the years, we have facilitated numerous high-profile development projects. We’ve obtained government approvals and permits for hundreds of projects from more than 150 separate communities across New York and other states, including manufacturing plant expansions, telecommunications facilities, energy projects, residential projects, office buildings and retail operations, many of which were the subject of significant community opposition.

When necessary, our Energy attorneys collaborate with our Corporate, Banking and Environmental attorneys. This comprehensive approach to project management has produced significant results for many clients including:

  • Apex Wind
  • BQ Energy
  • Double A Willow
  • Great Lakes Solar
  • Niagara University
  • The Pike Company
  • CG Power Solutions USA

Ultimately, the road from design to profitability travels through precarious intersections with regulators, financiers, partners and community groups. Phillips Lytle maps these intersections and guides our clients’ projects through them with minimal delay. The firm assists clients with FERC, ISO and New York State Public Service Commission issues, as well as local zoning ordinances. We have close working relationships with key officials including senior-level engineers, permit administrators, regional attorneys and regional directors.

We also assist stakeholders wanting to capitalize on renewable energy incentives in and around New York State. Our attorneys have forged strong ties with many of the influential decision makers in the public and private sectors, including legislative, regulatory and political figures, to ensure that deadlines are successfully met. And each team has an identified lead attorney who coordinates all activities of the team members to ensure matters are handled in a cost-effective manner.

Our areas of energy expertise include:

  • Wind
  • Gasification
  • Hydro
  • Solar
  • Biomass
  • Carbon capture and sequestration
  • Marcellus Shale

Wind

Over the last 5 years, wind power has been the fastest growing renewable energy source in the United States with an average annual growth of 35%. The United States Department of Energy suggests that wind power could supply 20% of all electricity in the United States by 2030. Phillips Lytle is working with developers on wind energy projects, including land use, regulatory and environmental matters.

Gasification

Our coal, petroleum coke and biomass gasification clients enjoy an attractive price-to-value advantage. We keep various team members informed about the specifics of the project to address all legal facets under one umbrella. Phillips Lytle is assisting developers of gasification facilities in several states with the following:

  • Application package reviews for tax credit consideration
  • Land development agreements
  • Feasibility assessments
  • Pre-permitting issues
  • Fuel supply and power purchase agreement negotiations

Hydropower

Phillips Lytle has represented major stakeholders in the relicensing of the New York Power Authority’s 2300-megawatt Niagara Project, handling negotiations, the drafting of settlement documents and related FERC filings and proceedings.

Solar Power

Solar energy, the most abundant and cleanest renewable energy source available, began 2012 with the second highest quarter for photovoltaic installations thus far. The growth of solar power over the past few years has been in part a result of federal and state tax credits and other incentives for the industry. As the U.S. market for solar panels is expected to grow, the demand for solar equipment in the United States will continue to grow. Phillips Lytle has worked with clients in a variety of solar-related projects:

  • Represented a REIT on structuring leases and power purchase agreements for solar installations on multiple storage facilities in multiple states.
  • Represented a solar project developer on the development and siting of its power and storage project, including application for a grant.

Biomass

Biomass is emerging as a key player in the renewable energy marketplace. Phillips Lytle is working with stakeholders involved in biomass projects across the state to facilitate the siting, financing and development of multiple biomass projects. Our clients include developers, investors, lenders, biomass suppliers and off-take purchasers.

Carbon Capture and Sequestration

Our attorneys have a thorough understanding of the technical and legal aspects of carbon capture and sequestration (CCS). Our experience, developed through our involvement in large-scale gasification projects, provides our clients with an unparalleled knowledge base to assist in the development of CO2 management strategies, as well as facilities that can geologically store CO2.


David P. Flynn
TEAM MEMBER SPOTLIGHT
David P. Flynn
Partner

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