Biomass, Biofuels, Landfill Gas, & Waste-To-Energy

As biodiesel and other biofuel production expands, Foley’s Energy attorneys are well positioned to help you navigate the new challenges this field presents. From patenting technology to developing and financing a food-to-RNG digester project, Foley regularly works with sponsors, developers, investors, and financing parties to navigate the development, construction, and financing of biomass, biofuels, landfill gas, and waste-to-energy projects.

What We Do

• Corporate formation and equity raise
• Project development
  • Real estate
  • Project agreements
  • Offtake and interconnection
  • Engineering, Procurement and Construction
  • Permitting and environmental
  • Regulatory
  • Logistics and gas supply
  • Operations and maintenance
  • LCFS, RFS, RIN
• Acquisitions and dispositions
• Joint ventures
• Tax credits and incentives
• Project financing (debt and tax equity)

Types of Biomass

• Wood and Ag products (logs, wood chips, bark, crops, fruit pits, and other organic material)
• Solid Waste (garbage, animal waste, and food waste)
• Landfill gas and biogas (methane gas)
• Biofuels (RNG, ethanol, biodiesel, renewable hydrocarbon fuels)

Representative Experience

• Represented developer in connection with development and debt an and equity financing of an approximately $100+ million food waste-to-RNG anaerobic digester plant.
• Represented North American Natural Resources, Inc. (NANR) and its sister companies North American Biofuels, LLC and North American-Central, LLC, in its sale to Kinder Morgan, Inc. (KMI), one of the largest energy infrastructure companies in North America. The $135 million acquisition in combined purchase price and related transaction costs includes seven landfill gas-to-power facilities in Michigan and Kentucky.
• Represented the developers of a significant biodiesel plant in Wisconsin on a variety of matters, including financing issues.
• Represented an IPP sponsor in the development and operation of three wood-fired power plants in California and one wood-fired power plant in Maine.
• Represented the City of Los Angeles in the development of its Lancer waste-to-energy project.
• Represented a strategic investor in the acquisition of landfill gas projects in California and in the U.S. Midwest.
• Represented a utility affiliate in the financing and development of a landfill gas-to-electricity plant and 27-mile pipeline project located near Houston, Texas.
• Represented a utility affiliate in the acquisition and development of the Winnebago Energy Center, a landfill gas-to-electricity plant located in Rockford, Illinois.
• Represented a waste management company in the proposed purchase of a landfill gas facility in Michigan.
• Represented a major sugar company in connection with multiple cogeneration projects in the Caribbean utilizing bagasse and other biomass fuels.
• Represented a biodiesel technology company in connection with certain of its corporate and financing activities.
• Represented a major U.S. hedge fund in connection with the acquisition of ethanol properties in Brazil.
• Represented a Midwest biodiesel producer in connection with procuring property, negotiating offtake agreements, and raising start-up capital.
• Represented an IPP bidder in its proposed purchase of five wood-fired generating facilities in Maine.
• Represented a lender to an agricultural waste (chicken egg-laying operation) biomass project that generated fertilizer inputs, soil amendments, water quality trading credits, ash, and anaerobic digester-generated electricity for onsite consumption. The project also included state-affiliated sources of development financing.
• Represented a Midwest biodiesel producer in connection with procuring property, negotiating offtake agreements, and raising start-up capital.
• Represented a large poultry processor in the tax equity financing for an open-loop biomass (poultry waste) electric power and steam cogeneration facility in North Carolina, including support on interconnection and offtake agreements, REC agreements and steam sale agreements.
• Represent lender in the $100 million financing of two renewable natural gas (RNG) production facilities in Arizona, using dairy-farm waste biogas and anaerobic digester technology.
• Represented IPP in the formation of a joint venture and related governance and funding provisions to develop, finance and construct a portfolio of renewable natural gas (RNG) and other biofuel projects of up to $300 million.