Energy, Infrastructure & Cleantech Legal Services
Montague Law advises energy companies, cleantech startups, infrastructure developers, and investors on the corporate, regulatory, and transactional challenges of the evolving energy landscape. Our practice spans renewable energy project development, energy storage, carbon capture, electric vehicle infrastructure, grid modernization, and the emerging technologies that are transforming how energy is generated, stored, distributed, and consumed.
The energy sector is undergoing a historic transition driven by decarbonization mandates, technological innovation, and massive capital deployment. Successfully operating in this environment requires counsel that understands both the engineering and the economics of energy projects, the regulatory frameworks at the federal, state, and utility level, and the financing structures — including tax equity, project finance, and venture capital — that fund energy innovation. Montague Law brings this integrated perspective to every energy engagement.
Renewable Energy Project Development
Montague Law advises developers and investors on the development, financing, and acquisition of solar, wind, energy storage, and distributed generation projects. We handle site control agreements, interconnection applications, power purchase agreements (PPAs), renewable energy certificate (REC) transactions, and the permitting and environmental review processes that govern project siting. We also advise on community solar program compliance, net metering regulations, and the commercial structures that enable behind-the-meter installations for commercial and industrial customers.
Energy Tax Credits & Incentive Structures
Federal and state tax incentives — including the Investment Tax Credit (ITC), Production Tax Credit (PTC), and the provisions of the Inflation Reduction Act — are central to the economics of most renewable energy projects. Montague Law advises on tax credit qualification, transferability, and monetization structures including tax equity partnerships, sale-leaseback arrangements, and the direct pay and transferability elections available under current law. We structure projects to maximize available incentives while managing the compliance obligations that attach to each credit.
Energy Storage & Grid Modernization
Battery storage, long-duration energy storage, and grid modernization technologies are reshaping energy markets. We advise storage developers, technology companies, and utilities on the regulatory treatment of energy storage assets, interconnection and market participation rules, storage-as-a-service agreements, and the evolving FERC and state regulatory frameworks governing storage compensation and dispatch. We also counsel companies developing grid modernization technologies — including advanced metering, distribution automation, and virtual power plant platforms — on commercial agreements and regulatory strategy.
Cleantech Venture Capital & Growth Financing
Cleantech and climate tech companies raise capital from specialized investors who evaluate both technological merit and regulatory and market risk. Montague Law structures seed, Series A through C, and growth financings for energy technology companies. Our financing work addresses the unique risk factors that cleantech investors evaluate — including technology readiness level, regulatory pathway, offtake and revenue visibility, and the availability of government grants and tax incentives. We also advise on the non-dilutive funding opportunities available through the Department of Energy, ARPA-E, and state energy programs.
Electric Vehicle & Charging Infrastructure
The electrification of transportation is creating new legal demands across the vehicle, charging infrastructure, and energy supply chain. We advise EV charging network operators, vehicle fleet electrification companies, and EV technology providers on site host agreements, utility interconnection and demand charge management, NEVI (National Electric Vehicle Infrastructure) program compliance, charging-as-a-service agreements, and the regulatory treatment of EV charging under state utility and energy regulations.
Carbon Markets & Environmental Commodities
Voluntary and compliance carbon markets are creating new transaction types and regulatory obligations. Montague Law advises on carbon credit origination, verification, and trading arrangements, carbon offset purchase agreements, the legal implications of corporate net-zero commitments, and compliance with cap-and-trade programs and clean fuel standards. We also advise on the emerging regulatory frameworks for carbon capture and sequestration (CCS) projects, including Class VI well permitting and long-term liability frameworks.
Energy M&A & Project Acquisitions
Montague Law represents buyers and sellers in energy project acquisitions, platform company M&A, and strategic transactions. Energy M&A raises distinct considerations including the evaluation of contracted versus merchant revenue streams, the assignment of power purchase agreements and interconnection rights, regulatory change-of-control approvals, environmental liability assessment, and the treatment of tax equity structures in acquisition transactions. We structure deals that account for the unique operational, regulatory, and financial characteristics of energy assets.
Illustrative Engagement: Solar-Plus-Storage Project Portfolio
A renewable energy developer engaged Montague Law to advise on the development and financing of a portfolio of commercial solar-plus-storage projects across three states. Our team negotiated site control agreements and PPAs with commercial offtakers, structured a tax equity partnership that monetized the ITC and accelerated depreciation while preserving the developer’s long-term ownership position, obtained interconnection approvals and managed the utility review process in each jurisdiction, and coordinated state-level renewable energy incentive applications. The portfolio reached commercial operation on schedule and secured long-term contracted revenue for the developer and its investors.
This illustrative engagement is a hypothetical composite and does not represent any specific client matter. It is provided to demonstrate the types of energy transactions Montague Law handles.
Frequently Asked Questions
What is a power purchase agreement (PPA)?
A PPA is a long-term contract under which an energy buyer agrees to purchase electricity from a generator at a specified price over a defined term — typically 10 to 25 years. PPAs are the primary revenue mechanism for most renewable energy projects and are essential for project financing. We negotiate PPAs for both generators and offtakers, addressing pricing structures, curtailment risk, performance guarantees, and termination provisions.
How does the Inflation Reduction Act affect my energy project?
The IRA significantly expanded and extended federal tax incentives for renewable energy, energy storage, clean hydrogen, carbon capture, and EV infrastructure. Key provisions include the extension of the ITC and PTC, new standalone storage credits, domestic content and energy community bonus credits, and the introduction of direct pay and transferability options that expand the universe of entities that can monetize the credits. We advise on IRA compliance and help clients structure projects to maximize available incentives.
What is tax equity financing?
Tax equity financing is a project finance structure in which a tax-motivated investor provides capital to a renewable energy project in exchange for the right to claim the project’s tax credits and depreciation benefits. The structure typically involves a partnership flip or sale-leaseback arrangement. Tax equity is the primary mechanism through which most renewable energy projects monetize federal tax incentives. We structure these transactions and negotiate the partnership and contribution agreements that govern the tax equity relationship.