In everyday practice, advisory services in the energy law field typically include the following:
• Legal advice regarding site selections (conventional and regenerative energy projects alike); • Legal interpretation issues involving government project funding programs (for example, EEG conformity reports for project sites and facilities, interpretation of remuneration level based on EEG guidelines); • Legal advice on company formations and corporate structuring for the purpose of implementing energy projects; • Legal advice for investors on the acquisition of renewable energy projects and for project owners on the sale thereof, specifically, the implementation of legal due diligence processes and legal support in the negotiation and conclusion of contracts; • Legal advice for project developers (for example, for the provision of permits, contract drafting/ negotiations, drafting/reviewing land purchase/lease agreements, easements and contract drafting/negotiations related to facility construction/maintenance); • Drafting/negotiating energy supply contracts, raw materials supply contracts, product supply contracts and service agreements; • Client representation (both in and out of court) in liability cases or other legal disputes; • Anti-trust consulting; • Legal advice on equity procurement (incl. sales prospectus drafting) and external financing for projects (loan agreements, collateral agreements, etc.); • Legal advice on concession awards and the approval of grants.
Energy law consultants should be experts with special know how in all legal areas associated with energy law. That said, regardless of special knowhow, taking a collaborative work approach especially when dealing with complex projects is a must if you’re interested in offering first-rate individual law consulting.