Client Solutions

Industry leading expertise. Representation with results.

ENERGY LAWYER

In the energy context, Scott has worked with clients on projects totalling  more than $5 billion in electricity and generation and energy storage projects, including:

  • Over 55 solar projects, including the Webberville Solar Project near Austin – at the time, the largest solar project in Texas, which includes solar farm leases, power purchase agreements, engineering and procurement contacts, development agreements, and various other agreements.
  • Wind projects in west Texas and other states.
  • Natural gas-fired power plants, designed to be the lowest emitting plants in the market.
  • Sales of energy projects and the negotiation of membership interest purchase agreements, limited liability company operating agreements, and royalty agreements.
  • Energy efficiency and storage contracts, including negotiation on behalf of an energy efficiency company with a multi-national company for deployment of client technology in over 15 countries.
  • Energy storage projects at utility scale and distributed commercial and industrial scale.
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Electricity Generation

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Solar Projects

ENVIRONMENTAL ATTORNEY

His environmental experience over the years is extensive and varied.  He has advised clients in matters involving regulatory issues, transactions, and brownfield re-development.  As climate change has become a significant corporate issue, he has advised clients on greenhouse gas regulation, climate risk and policy, carbon credits and carbon trading. He has advised boards of directors, companies, and investment firms in ESG, sustainability, and corporate governance related to ESG and sustainability.  His experience includes client counseling, enforcement actions, litigation, permitting and siting, and due diligence and contract drafting in transactions.   He has represented companies in various industries including oil and gas, chemical, refining, pipeline, manufacturing, private equity, real estate, banking, and electricity generation.

The areas of his experience are broad:

  • Climate Change
  • Carbon Credits and Offsets
  • Forest Carbon Projects
  • Carbon Trading
  • Environmental, Social and Governance (ESG), Sustainability, and Corporate Responsibility
  • Clean Air Act and air emissions
  • Clean Water Act and wastewater issues
  • Resource Conservation and Recovery Act (RCRA), solid and hazardous Waste Issues
  • Comprehensive Response, Compensation and Liability Act (CERCLA) and hazardous substance matters
  • Endangered Species Act, habitat, and other species issues
  • Wetlands and wetlands mitigation banking/trading
  • Brownfield, Voluntary Cleanup, property remediation and re-development

BUSINESS LAWYER

Over the last 30 years Scott has worked with numerous companies, individuals, and families advising them regarding their business matters.  As a business lawyer, he represents his clients in business formations, fund raising, contract development and negotiations, and other legal matters. . He has acted as an outside “general counsel” for developers, startups, and other companies. He brings his legal and business acumen as well as subject matter expertise to various companies. He has represented clients in business formations and sales of companies in renewable “M&A” transactions involving due diligence and negotiating purchase and sale agreements or “MIPAs”—membership interest purchase agreements for the sale of projects through sale of limited liability company interests.

Scott has drafted and negotiated numerous types of contracts for clients including the following:

Nondisclosure Agreements
Non-circumvention Agreements
Consulting Agreements
Engineering and Design Agreements
Engineering, Procurement, and Construction (EPC) Agreements
Offtake Agreements
Solar Leases (Utility Scale and Distributed)
Wind Leases (Utility Scale)
Power Purchase Agreements (Utility Scale and Distributed, Residential and Commercial Industrial Scale)
Energy Storage Agreements
Energy Efficiency Agreements
LED Lighting Agreements
Environmental Remediation Agreements
Access Agreements
Advisory Board Agreements
Referral Agreements
Marketing Agreements
Memoranda of Understanding
Letters of Intent
Non-Compete Agreements
Purchase and Sale Agreements
Independent Contractor Agreements
Escrow Agreements
Commercial Leases
Limited Liability Operating Agreements
Membership Interest Purchase Agreements
Corporate Bylaws
Shareholder Agreements
Software Agreements
Service Agreements

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