Wind Services

A successful wind project generally should meet the following criteria:

• sufficient wind resources;
• working market demand and structure;
• electricity transmission capability;
• landowner and community development support; and
• environmental impact understanding.

These criteria are often of critical importance to a number of participants in the developing wind industry, including land owners and farmers on whose property the wind farm will be located; local governmental entities in whose jurisdiction wind farms have been or will be constructed; developers of wind farms; as well as supply chain providers and technology innovators.

Landowners, in many cases farmers, may be asked to negotiate with wind farm developers regarding options, leases, licenses and the use of their property, including the amount of compensation for such use.

Local communities and governmental entities, such as county commissioners and plan commissions, may consider local incentives, zoning ordinances, infrastructure extensions and other issues related to the installation of wind farms.

Wind project developers generally address issues regarding land acquisition, due diligence, permitting and zoning, financing, incentives and tax abatement, and construction issues. There can be complicated tax issues surrounding wind farms, such as tax credits and complex organizational issues. For instance, the American Recovery and Reinvestment Act of 2009 had specific provisions related to wind projects. Project developers may wish to closely monitor and pursue all these available and important incentives and other credits.

Finally, supply chain providers must execute a variety of commercial agreements, including supply and distributor agreements, determine terms and conditions of sale, and address off-take arrangements. They may also look to form joint ventures and other cooperative business arrangements.

Ice Miller attorneys from across a number of practice areas, including business, real estate, environmental, tax, intellectual property and municipal finance, actively monitor developments and emerging issues in the wind industry. Our attorneys also work closely together to assist and advise the wind industry participants described above on these and other important legal needs.