Clean technology refers to innovative knowledge-based products or services, including clean energy, that improve operational performance, productivity and efficiency while reducing costs and addressing negative ecological impacts. Blakes CleanTech Group has the skills and experience to assist clients to advance their interests when acquiring, financing, protecting and commercializing clean technology products and services, and to advise on developments in the applicable laws and regulations.
Blakes multidisciplinary CleanTech Group has the expertise to advise and guide businesses in respect of clean technology opportunities in Canada and around the world.
Blakes CleanTech Group has expertise and experience advising on issues including:
- Renewable energy (including wind, solar, biofuels, small hydro/run-of-river, geothermal, wave and fuel cells)
- Grid modernization
- Carbon management
- Emissions trading
- Regulatory and environmental compliance
- Project financing and joint ventures
- Funds, new products and businesses
- Transactions and restructuring
- Technology acquisition and licensing
- Intellectual property creation, protection and commercialization
- Risk assessment
- Supply chain issues
Blakes breadth and depth of clean technology expertise and experience allow us to provide focused and practical legal advice with respect to matters such as:
- New environmental law requirements and regulatory regimes, such as greenhouse gas emissions reporting and reduction regulations
- Legal aspects of large clean technology infrastructure projects, such as wind, solar, tidal and hydroelectricity generation, grid modernization, biofuel production and distribution, small hydro/run-of-river and green buildings
- Structuring and negotiating complex technology development, acquisition and licensing arrangements
- Negotiating the terms of debt and equity financing
- The creation, acquisition and protection of intellectual property rights, such as patents, trade-marks and copyright
- Resolving disputes on matters arising from clean technology initiatives and regulations
- Addressing issues arising from aboriginal and treaty claims, using strategic approaches to consultation, regulatory requirements and business relationships
- Protecting against product liability and other litigation risks associated with clean technologies.
- Environmental claims for advertising and labelling of consumer products and packaging to ensure compliance with general advertising law, as well as the Competition Bureau's recently issued guidelines on environmental claims.
Blakes also has one of Canada's largest financing, merger and acquisition practices, and has been involved in all types of business transactions. This gives the Firm the expertise to successfully guide clients through the creation, development and commercialization of clean technology business ventures.
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Representative Transactions
Members of Blakes CleanTech Group have advised on an extensive variety of transactions and cases.
Public Clean Technology Matters:
Advised Canadian Hydro Developers in the development of its Melancthon EcoPower(R) Centre and Wolfe Island Wind Plants. The Melancthon EcoPower Centre(R) was developed in two phases of 45 and 88 1.5 MW wind turbines. It is Canada's largest wind power installation, spanning two townships. The Wolfe Island Wind Plant has 86 2.3 MW wind turbines. Blakes acted in connection with the necessary municipal agreements, public hearings before the Ontario Municipal Board, and in regulatory proceedings at the Ontario Energy Board.
Advised Boralex Inc. on the acquisition of wind farms in Ontario
Acted as lead advisor to Cellex Power Products Inc. for the sale of all the shares of Cellex to Plug Power Inc. in April 2007. Plug Power Inc. is a U.S.-based company whose shares are listed on NASDAQ, and is involved in the development and deployment of clean, on-site energy products, including integrating fuel cell technology into back-up power products for telecommunications, utility and uninterruptible power supply applications. Plug Power paid US$45-million in cash for all of Cellex Power's outstanding shares.
Advised ENMAX Corporation on the development of the Taber wind power project and purchase of wind turbine generators from Enercon.
Advised GW Power Corporation/Nexen Inc. on the development of GW Power Corporation and Nexen's (joint venture) Alberta wind power project and purchase of wind turbines from General Electric Canada.
Advised Shell Canada Limited on the joint venture with EPCOR Power to develop an Alberta wind power project.
Provided environmental permitting advice to Suncor Energy Inc. for a C$800-million expansion of its oil refinery in Sarnia, Ontario. Blakes also advised the company on a C$120-million ethanol plant that will produce ethanol alcohol derived from corn for blending with gasoline.
Private Clean Technology Matters:
Advised an Alberta-based energy company on partnership, shareholder and other strategic alliance arrangements for several ongoing potential clean energy projects in British Columbia, including a solid municipal waste to energy facility, a wind generation facility and a waste heat energy project.
Provided corporate advice on carbon storage technology.
Provided bioenergy project development advice in the sale of hydro assets.
Provided regulatory/environmental, banking (debt and equity), First Nations and construction law advice to a hydro project financing.
Provided corporate, regulatory/environmental and First Nations advice on the development of wind and hydro power projects and the development of impact benefit agreements.
Acted as lead advisor to a Canadian company based in Vancouver, B.C. focused on the development and commercialization of fuel cell power product solutions for industrial vehicles. Also represented this client on a fourth-round private equity financing by Bank Invest and other private equity investors in Europe, the U.S. and Canada.
Provided corporate advice on the development and acquisition of wind power projects.
Provided regulatory/environmental and First Nations advice for a wind project and transmission line development.
Represented a major clean energy provider in procurement of wind turbines and related services.
Provided regulatory/environmental and First Nations advice for a natural gas plant.
Provided corporate, regulatory/environmental and First Nations advice on a biomass plant development.
Advised project proponents on legal and regulatory issues relating to the creation and trading of emission offset credits in the mandatory and voluntary carbon markets.
Advised clients on contractual considerations for the aggregation, purchase and sale of emission offset credits for clients in the agricultural, forestry and power sectors.
Advised an independent entrepreneur developing a run-of-river project in the coastal British Columbia area, with funding provided by an energy-focused equity fund.
Successfully defended a client before a regulator regarding an eco-friendly claim in the advertising of a consumer product.
Members of our group have also:
Represented a major southern California electric utility in the procurement of a metering and communications system in connection with an estimated US$1.3-billion advanced metering infrastructure project.
Represented a Chinese conglomerate in the procurement of solar cell manufacturing equipment and the related licensing of technology to run such equipment.
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Professional Activities
Members of the Blakes CleanTech Group are active in the sector and participate in the following organizations:
- Canada Green Building Council (Toronto Chapter)
- Canadian Environmental Law Forum
- Canadian IT Law Association
- Canadian Petroleum Law Foundation
- Centre for Outsourcing Research and Education
- Energy and Resources Law Section of the International Bar Association
- Environment, Energy and Resources Section of the American Bar Association
- Environmental Law Section of the Ontario Bar Association
- Environmental Practice Group of Lex Mundi
- Information Technology and E-commerce Law Sections of the Canadian Bar Association (CBA) Ontario
- Information Technology Association of Canada
- International Business Law Section of the CBA
- International Technology Law Association
- National Environment, Energy and Resources Law Section of the Canadian Bar Association
- Natural Resources Section of the CBA
- Toronto Computer Lawyers Group
- TechLaw Group Inc.
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Recognition
Members of the Blakes CleanTech Group are consistently recognized as leaders in their fields by the following publications:
- Chambers Global: The World's Leading Lawyers for Business 2008
- PLC Which Lawyer? Yearbook 2008
- The International Who's Who of Business Lawyers 2008
- The International Who's Who of Project Finance Lawyers 2009
- The International Who's Who of Environmental Lawyers 2008
- The 2009 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
- IFLR1000: The Guide to the World's Leading Financial Law Firms - 2008 Edition
- The Canadian Legal Lexpert Directory 2008
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