Description:

The Counsel II - – Real Estate & Permitting Law Provide legal support to the U.S. renewable energy business team (wind, solar, and battery) in connection with the development and construction of projects primarily in the East Region—including the states of NY, VT, MA, RI, CT, OH, VA, WV, MD, SC, NC, DE, and PA—as well as within the Tennessee Valley Authority service area.

Work will be dedicated to the provision of legal advice associated with real estate topics in connection with the preparation and negotiation of a wide variety of real estate documents required for the development and construction of renewable energy projects, e.g., lease agreements, easements, purchase options, co-tenancy agreements, shared facilities agreements, crossing agreements, and permitting agreements.

Work will include review of title documents, resolution of title issues, negotiation of title insurance policies, and related topics, together with the ability to work with support staff and other business partners, collaboratively, to support the Company's real estate developers in the acquisition of land & development rights for prospective renewable energy projects.

Work will also include significant support and assistance in the discretionary local and state zoning processes for renewable development project.

Position requires (a) close alignment and cooperation with the Company's Legal Department's teams in Austin, Texas, and Chicago, Illinois (which may include travel 5% of the time), (b) close alignment with the business partners that the Legal Department supports, and (c) demonstrated ability to apply a practical, rather than theoretical, focus to legal issues with a view to finding viable business solutions to those legal issues.

Role Responsibilities:

Ability to see big picture of project development and construction timelines and open risks to provide leadership team feedback as to project readiness.
Proactively resolve real estate and permitting challenges by identifying practical, risk-mitigating solutions rather than merely escalating issues.
Collaborate with and delegate to paralegals, real estate specialists, and administrative staff to ensure efficient workflow and task distribution.
Partner with title companies and surveyors to secure pro forma title commitments and survey deliverables on schedule.
Comprehensive review of ALTA project sureys to determine curative items needed and obstacles of construction.
Draft, review, and negotiate various real estate documents (including leases, purchase agreements, easements and crossing agreements), analyze counterparties' positions related thereo, and develop pragmatic resolutions that balance business needs with risk management.
Facilitiate the purchase of property for renewable project assets like substations, BESS sites, and O&M buildings.
Identify curative items needed for projects and work with third-party utilities, banks, and other parties when projects need crossing agreements, SNDAs, or other curative items
Coordinate closely with engineering, development, procurement, and transmission teams to align project milestones, attending regular project meetings and providing updates on real estate and permitting risks.
Ensure timely acquisition of all required permits to support development, construction, and operation of renewable projects across multiple jurisdictions. Collaborate with external counsel to identify permitting needs and support the development team in securing approvals.
As project moves to construction, this position will work closely with legal leadership to identify and resolve risks and opine on whether a project should be approved for construction.
Ensure projects are ready for tax equity investor involvement, and work with the structured finance team to answer diligence questions, create datarooms, and provide inputs to transaction documents and disclosure schedules

Job Requirements and Experiences:

J.D. (Juris Doctor) degree from a U.S. university.
Admission to a state bar in the United States
Minimum 5 years' experience as a real estate development lawyer, preferably with experience in the renewable energy space
Specific legal knowledge and experience in solar, battery, and/or wind real estate matters is preferred, and familiarity with energy transmission, interconnection agreements, local government permitting, negotiation of tax abatement agreements and special use permits would also be helpful for a candidate in this role
Submission of transmittal letter describing interest in the position is required
Strong interpersonal and relationship-management skills, with the ability to work effectively with internal teams, external counsel, title companies, surveyors, utilities, and counterparties
Adaptable and effective in rapidly changing environments
Demonstrated desire to learn about the Company and the renewables space
Strong leadership and communication, and ability to meet deadlines
Highly organized, with the ability to coordinate multiple projects, manage competing priorities, and ensure timely achievement of critical real estate and permitting milestones
Ability to multi-task, while working independently and as part of a team
Motivated selfstarter, goal-oriented, and strong problem-solving abilities
Proven ability to empathize, build relationships, and effectively communicate with people from a diverse set of backgrounds
Responds well to direction, is easy to challenge and develop, and is coachable
This position is an office-based role with some travel and visits to other RWECE offices and field locations, including New York, California, Chicago, and Austin
Must be able to sit, walk, or stand for long durations of time