Overview

Josh Berliner helps a wide range of financial institutions, project sponsors, and developers to complete a variety of project finance and development transactions for renewable and clean energy technologies, with an emphasis on tax equity structures and regulatory / administrative matters for onshore and offshore wind, solar, and energy storage.
Josh also has experience in representing developers and municipal / county public entities on a variety of renewable energy / energy efficiency / electric vehicle / redevelopment transactions and in various environmental and commercial litigations. Previously, Josh served as the law clerk to the Honorable Louis S. Sceusi, J.S.C., Superior Court of New Jersey, Morris Vicinage.

Experience

  • Represented a major financial institution in its tax equity investments in a number of utility scale solar, stand-alone storage, combined solar and storage, and portfolios of distributed generation assets.
  • Represented an investor with respect to its acquisition of an interest in a portfolio of over 20 operating wind projects across North America, including related partnership, financing, and energy hedge matters.
  • Represented a leading global bank in connection with the tax equity financing of two facilities with a combined capacity of 463 MW solar and 185 MWh of battery storage in Riverside County, California.
  • Represented French multinational utility ENGIE North America Inc. in its proposed acquisition of Texas-based battery storage company Broad Reach Power, LLC, a portfolio company jointly owned by EnCap Energy Transition and Apollo Infrastructure funds, for a total equity value of more than $1 billion.
  • Supported team representing Duke Energy in the sale of a minority interest in a multi-billion-dollar portfolio of operating wind, solar, and battery projects.
  • Advised General Motors Co. on all environmental permitting and wildlife risks and requirements in a $650 million equity investment with Lithium Americas Corp. to develop the Thacker Pass mine in Nevada, the largest known source of lithium in the US and the third largest in the world. Same represented the largest-ever investment by an automaker to produce battery raw materials and will support production of up to 1 million electric vehicles per year.
  • Assisted Attentive Energy One, a joint venture between TotalEnergies, Corio Generation, and Rise Light & Power, with preparing its OREC applications and proposals for both NY and NJ state solicitations, and advised same on federal and state statutes, regulations, and policies for such solicitations.
  • Represented various New Jersey municipalities and county public entities in solicitations for electric vehicles charging infrastructure projects and solar projects.*
  • Represented solar developer in sale of its various distributed generation solar arrays and advised same on general EPC, O&M, offtaker, and REC arrangements.*
  • Represented New Jersey municipality in general township counsel capacity.*
  • Represented various New Jersey municipalities in redevelopment counsel capacity.*

*Previous firm

Education

Bucknell University, BA, summa cum laude
Phi Beta Kappa

Elisabeth Haub School of Law, JD, magna cum laude, Certificate in Environmental Law
Articles Editor, Pace Environmental Law Review

Admissions

  • New Jersey
  • New York

Court

  • US District Court for the District of New Jersey