future-focused

The renewables market brings more risk – governmental, financial, operational, and legal. Liskow is the ideal team to help mitigate risk because we are heavy industry veterans with decades of experience guiding clients through regulatory changes, complex market expansion, and new technologies.

Overview

We work with domestic and international clients of all sizes, from traditional energy companies that have expanded their portfolios to include renewable energy projects, to companies that work solely in the renewables sector, to companies exploring the U.S. market.

Offshore wind projects: handling complexities for every phase

Offshore wind projects face numerous challenges including administrative changes to renewable leasing programs, lengthy permitting delays, supply chain gaps, securing offtake agreements at economic terms, and interconnection and transmission limitations, all in addition to increased legal exposure and litigation. These hurdles have the potential to stall project development from planning through construction and operations. Liskow is prepared to navigate and minimize all these risks.

The complex regulatory regime for offshore wind is overseen by both federal and state agencies and is still developing. Nonetheless, since the statutes and regulatory frameworks that apply to offshore oil and gas projects also apply to renewables projects, Liskow has the relationships in place to move offshore wind projects forward. We work daily with the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) on Outer Continental Shelf Lands Act (OCSLA) leasing and operational permitting issues, as well as the U.S. Coast Guard (USCG) and Customs and Border Protection (CBP). We advise on all manner of statutory and regulatory compliance issues, including OCSLA as well as the Coastal Zone Management Act, Clean Water Act, Clean Air Act, Oil Pollution Act, Jones Act and various other requirements.

Liskow is an early leader on offshore wind, having already worked on some of the earliest wind construction projects in the U.S. Northeast. These clients sought us out because of our deep history with offshore construction projects. Thanks to that longstanding experience and our more recent work in offshore wind, our team is in high demand. Clients recognize the Liskow name and experience. They know we can leverage our numerous oil and gas strengths in dealing with Outer Continental Shelf issues to assist clients with key concerns that can arise during the permitting, financial assurance, insurance, development, construction, and operation of offshore wind projects.

Building on a legacy of pioneering work – offshore and onshore

The lawyers who worked before us – in the 1950s, 60s and 70s – did cutting edge work in the field of oil and gas. We continue to do the same and have expanded our practice to the field of renewables. Because we have guided the energy industry’s leaders day in and day out for 90 years, we are more nimble and more creative than our competitors, and thus are naturally well-positioned to advise on renewable projects. Having seen how energy projects play out over decades – and having been involved in them — we are acutely sensitive to the short- and long-term financial and operational risks, present or inherited, that our clients take on.

Because we’ve been advising clients on offshore construction in the Gulf for almost a century, we can take that experience anywhere in the country. On the onshore side, Liskow essentially wrote the book on mineral law in Louisiana – working on the early development of mineral production and continuing to help clients with the issues that come with decommissioning, including oilfield contamination, misuse claims and other suits

A functional standpoint and a coordinated approach

Renewable projects are multi-faceted and require coordination across multiple practice areas. Liskow has an experienced team of lawyers that understand the various phases of these projects and the need for a coordinated approach. Moreover, on the largest projects we are glad to take on whatever role our clients need – as their regulatory, lead, or local counsel. With the big picture of overall construction in our minds, we easily facilitate the interactions with other firms, environmental consultants, and regulatory agencies overseeing the project.

Your business hinges on overcoming practical challenges – not the nuances of legal matters. We understand that and approach your projects both from an operational standpoint and the background of someone who knows the oilfield better than anyone.

Notable Experience

  • Advised a leading contractor in contracting and regulatory matters for development of a wind farm offshore of Massachusetts, the first commercial scale wind farm to achieve financing in the US
  • Advised a top US vessel operator in contractual issues related to bidding for a major contract for development of a wind farm offshore New York
  • Advised a top international engineering consulting firm in contractual issues related to bidding for a major contract for development of a wind farm offshore New York
  • Advised multiple clients in offshore wind crew transport vehicle projects throughout the Northeast United States
  • Advised a terminal operator in bidding for a major offshore wind master logistics contract
  • Handled a $12 million contract dispute arising from construction of wind farm components offshore Maryland
  • Provide advice concerning regulatory requirements applicable to offshore wind projects
  • Advise clients on applicability of Jones Act requirements to renewable energy projects offshore
  • Advise an energy company on regulatory issues related to carbon capture and storage offshore
  • Handled marine logistics contracts for development of an onshore wind farm in Idaho

We are known for these strengths

Some of the key issues we advise clients on include:

  • General project structuring, construction financing, tax credits, and other general business advice
  • Company qualification to hold renewable energy leases or grants
  • Acquisition of OCS leases, rights-of-way, and rights-of-use and easement/servitude
  • Energy project endorsements
  • Offshore leasing and qualification
  • Permitting and regulatory issues concerning lease acquisition, planning, and construction
  • Title insurance
  • BOEM and BSEE financial assurance requirements (and other Department of Interior requirements)
  • Engineering, Procurement, Construction and Installation (EPC) contracting, including Jones Act issues
  • Transportation (vessel and helicopter), Maintenance and Services contracting, including indemnity and insurance requirements
  • Transmission rights
  • Regulatory requirements and issues associated with ongoing operations
  • Disputes and administrative appeals related to regulatory orders, contractual matters, and ongoing operations
  • Regulatory issues associated with decommissioning

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