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Intro to Environmental Liability:Ensuring Environmental Safety for Solar Project Buyers & Landowners

Brownfield Solar 101 (BFS101) - Part Two

Jake Hirsch, General Counsel, AC Power LLC

AC Power is at the forefront of transforming underused brownfield sites into renewable energy powerhouses. We recognize the environmental risks tied to these lands and projects and navigate them with care, ensuring we deliver de-risked services to both solar project buyers and brownfield landowners alike. We invite you to explore how we manage environmental liabilities for our solar projects, guaranteeing a robust, reliable, and sustainable energy future for you and the surrounding community.

Recognizing Environmental Risks Solar projects on brownfield sites can involve many environmental risks, including the potential for contaminant exposure during construction, financial implications tied to remediation, and regulatory compliance challenges. Understanding these risks is critical to AC Power’s business, and our comprehensive, proactive approach to mitigating these risks enables us to safeguard the interests of all parties involved in our projects.

Strategizing Contractual Protection AC Power implements a series of contractual mechanisms to provide assurances to buyers and landowners:

  • Indemnification Provisions: These clauses, integrated into our contracts, transfer potential environmental liabilities, protecting both buyers and landowners from unanticipated costs.

  • Environmental Covenants: We use these legal tools to limit how a property is used, with the aim of minimizing potential harm from environmental contaminants. This commitment reassures landowners about the safe management of their properties.

  • Risk Allocation Provisions: These agreements distribute liability risks among involved parties, easing the potential financial burden on any single entity.

Engaging with Potentially Responsible Parties In some of our projects, Potentially Responsible Parties (PRPs) are in place, who take on the ongoing remediation and maintenance responsibilities associated with the brownfield properties. We maintain active lines of communication with these PRPs, establishing clear expectations and fostering a cooperative environment where solar project operations and remediation activities can coexist.

Implementing Additional Measures

We go beyond standard measures to ensure added peace of mind for our clients:

  • Comprehensive Site Assessments: We, along with the help of our engineering partners, perform meticulous Phase I and, where necessary, Phase II Environmental Site Assessments to uncover potential contaminants and evaluate their associated risk, ensuring our projects are founded on a solid understanding of site conditions.

  • Adherence to Regulatory Compliance: We strictly comply with all relevant environmental laws and regulations. Our team guarantees regular audits and inspections to ensure our projects and development activities maintain the highest standard of compliance.

  • Transparent Stakeholder Engagement: We strive to create a culture of openness, engaging proactively with local communities, government bodies, and other stakeholders. This transparency fosters trust and demonstrates our commitment to responsible environmental stewardship.

AC Power: Your Partner in Renewable Energy

Our mission is clear: to repurpose brownfield sites into renewable energy sources without compromising environmental safety or the interests of our buyers and partner landowners. With diligent planning, stringent compliance, comprehensive insurance coverage, and an open approach to communication, we're committed to making this vision a reality.

We welcome you to reach out to our team for further discussion about our approach. Together, we can ensure a responsible, sustainable energy future.


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