Linklaters | Josh Berliner

Admissions

United States

Services

Energy & Infrastructure

"I am a senior associate in the Energy & Infrastructure Group at Linklaters, representing 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."

Overview

Josh also has experience in representing developers and municipal / county / state public entities on a variety of renewable energy / energy efficiency / electric vehicle / redevelopment / infrastructure transactions and in various environmental and commercial litigations.

Before joining Linklaters, Josh represented financial institutions, project sponsors, and developers to complete a variety of project finance, infrastructure, and development transactions for renewable and clean energy technologies. Additionally, Josh previously served as the law clerk to the Honorable Louis S. Sceusi, J.S.C., Superior Court of New Jersey, Morris Vicinage.

Work Highlights

A private equity firm: advising the firm as purchaser on an approximately US$111m investment tax credit transfer transaction for a utility-scale wind generation project and associated infrastructure in Tunica County, Mississippi. The project is Mississippi’s first utility-scale wind farm.
A private equity firm: advising the firm as purchaser on an approximately US$112m investment tax credit transfer transaction for two utility-scale solar and storage projects in Kern and Los Angeles Counties, California.
Gateway Development Commission: advising the bi-state partnership, involving the State of New York, the State of New Jersey, New Jersey Transit, Amtrak and the Port Authority of New York and New Jersey, on all aspects of the construction procurement and financing of its comprehensive US$30bn Hudson Tunnel Project investment program to replace and update rail infrastructure assets along the Northeast Corridor, and increase track, tunnel, bridge and station capacity.
A major financial institution: advising on its tax equity investments in a number of utility scale solar, stand-alone storage, combined solar and storage and portfolios of distributed generation assets.
An investor: advising in connection with 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.
A leading global bank: advising 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.
ENGIE North America, Inc.: advising the French multinational utility on 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 US$1bn.
Duke Energy: advising on the sale of a minority interest in a multibillion-dollar portfolio of operating wind, solar and battery projects.
General Motors Co.: advising on all environmental permitting and wildlife risks and requirements in a US$650m equity investment with Lithium Americas Corp. to develop the Thacker Pass mine in Nevada, the largest known source of lithium in the U.S. and the third largest in the world.
An automaker: advising on the largest-ever investment by an automaker to produce battery raw materials and support production of up to one million electric vehicles per year.
Attentive Energy One, a joint venture between TotalEnergies, Corio Generation and Rise Light & Power: advising on its OREC applications and proposals for both NY and NJ state solicitations, and advising on federal and state statutes, regulations and policies for such solicitations.
Various New Jersey municipalities and county public entities: advising on solicitations for electric vehicles charging infrastructure projects and solar projects.
A solar developer: advising on the sale of its various distributed generation solar arrays and advised same on general EPC, O&M, offtake and REC arrangements.
A New Jersey municipality: advising on general township counsel capacity.
Various New Jersey municipalities: advising on redevelopment counsel capacity.

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Education and Qualifications

J.D., magna cum laude, Certificate in Environmental Law, Elisabeth Haub School of Law.

B.A., Environmental Studies and Economics, summa cum laude, Phi Beta Kappa, Bucknell University.

While attending law school, Josh served as an Articles Editor for the Pace Environmental Law Review.

State Admissions:
New Jersey
New York

Thought Leadership

“Reclassification of the Northern Long-Eared Bat May Impact Project Development,” Legal Update, February 03, 2023.

“U.S. BOEM Proposes Modernized Offshore Wind Regulations,” Legal Update, January 17, 2023.

New Jersey’s New C-PACE Legislation – A Major Upgrade to New Jersey’s Current C-PACE Legislation and a Catalyst for Meeting New Jersey’s Climate Change Goals, N.J. LAW. MAG., June 2022, no. 336, at 30.

Changing the Way We Power Our Transportation, and Our Homes, N.J. LAW. MAG., June 2020, no. 324, at 44 (co-authored with Bhavini A. Doshi).

Environmental Injustice/Racism in Flint, Michigan – An Analysis of the Bodily Integrity Claim in Mays et al. v. Snyder et al. as Compared to Other Environmental Justice Cases, 35 PACE ENVTL. L. REV. 108 (2017).

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Overview

Work Highlights

A private equity firm: advising the firm as purchaser on an approximately US$111m investment tax credit transfer transaction for a utility-scale wind generation project and associated infrastructure in Tunica County, Mississippi. The project is Mississippi’s first utility-scale wind farm.

A private equity firm: advising the firm as purchaser on an approximately US$112m investment tax credit transfer transaction for two utility-scale solar and storage projects in Kern and Los Angeles Counties, California.

Gateway Development Commission: advising the bi-state partnership, involving the State of New York, the State of New Jersey, New Jersey Transit, Amtrak and the Port Authority of New York and New Jersey, on all aspects of the construction procurement and financing of its comprehensive US$30bn Hudson Tunnel Project investment program to replace and update rail infrastructure assets along the Northeast Corridor, and increase track, tunnel, bridge and station capacity.

A major financial institution: advising on its tax equity investments in a number of utility scale solar, stand-alone storage, combined solar and storage and portfolios of distributed generation assets.

An investor: advising in connection with 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.

A leading global bank: advising 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.

ENGIE North America, Inc.: advising the French multinational utility on 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 US$1bn.

Duke Energy: advising on the sale of a minority interest in a multibillion-dollar portfolio of operating wind, solar and battery projects.

General Motors Co.: advising on all environmental permitting and wildlife risks and requirements in a US$650m equity investment with Lithium Americas Corp. to develop the Thacker Pass mine in Nevada, the largest known source of lithium in the U.S. and the third largest in the world.

An automaker: advising on the largest-ever investment by an automaker to produce battery raw materials and support production of up to one million electric vehicles per year.

Attentive Energy One, a joint venture between TotalEnergies, Corio Generation and Rise Light & Power: advising on its OREC applications and proposals for both NY and NJ state solicitations, and advising on federal and state statutes, regulations and policies for such solicitations.

Various New Jersey municipalities and county public entities: advising on solicitations for electric vehicles charging infrastructure projects and solar projects.

A solar developer: advising on the sale of its various distributed generation solar arrays and advised same on general EPC, O&M, offtake and REC arrangements.

A New Jersey municipality: advising on general township counsel capacity.

Various New Jersey municipalities: advising on redevelopment counsel capacity.

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Overview

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Education and Qualifications

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Overview

Work Highlights

Thought Leadership