D. Brennen Keene Partner

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Brennen is a real estate and project development lawyer who serves as co-lead of the firm’s renewable energy team. He provides developers, infrastructure funds, energy utilities and real estate holding companies with real estate transactional and land-use guidance on a wide range of development and infrastructure projects, with a particular focus on renewable energy projects, conventional energy projects, logistics centers, industrial facilities, and commercial/mixed-use projects.

Brennen partners with clients to implement their business strategies at all stages of energy project development and related matters, including early-stage development, project acquisition and development, project construction, financing, and investment, and project dispositions. He also has extensive experience assisting energy project developers seeking local land use approvals in Virginia, including the negotiation of siting agreements for those projects.

Brennen also has experience representing project developers on economic development transactions, including the negotiation of economic incentives agreements.


Energy Projects

  • Assist an energy company negotiate over 100 separate land option contracts for properties totaling over 100,000 acres of land in the PJM territory, which contracts provide the client with a pipeline of properties for the development of a significant number of utility-scale solar and energy storage projects. Brennen also assists that client in its development and permitting efforts for individual projects on those properties.
  • Representation of an energy company in the acquisition, development and construction of over 40 solar energy projects in multiple states in three time zones with a total production capacity of over 1,800 megawatts.
  • Representation of an energy company in the acquisition and development of multiple development-stage solar energy projects in Virginia.
  • Representation of an energy company in the acquisition and permitting of several energy storage projects in Virginia.
  • Representation of a solar and energy storage developer on real estate and permitting issues for the development of a pipeline of projects in the PJM territory.
  • Representation of a private equity fund in project development, construction financing and tax equity investment matters related to the development of multiple large-scale wind energy projects and energy storage projects in several states.
  • Representation of a public utility in the MISO territory in the negotiation of build transfer agreements for the acquisition of multiple wind projects.
  • Advise an energy company as it repositioned land with environmental constraints for the development of solar energy projects on those properties.
  • Representation of an energy company in obtaining local permitting for a 150 MW solar project with an on-site data center development that could include up to 1 million square feet under roof for the data center.
  • Representation of an energy company on land use and real estate matters for the construction of four separate gas-fired power generation facilities (ranging from 590 MW to almost 1,600 MW).
  • Representation of a wind project developer on land use matters for what is anticipated to be the first wind energy project to be developed in Virginia.
  • Representation of the owner of a large coal-fired electric generation facility in obtaining local land use and siting approvals, and the negotiation of related agreements, to permit reclamation of large a coal-ash storage facility.
  • Representation of an energy project developer and operator in obtaining local land use approvals for construction of a renewable natural gas facility.

Commercial, Industrial and Mixed-Use Developments

  • Representation of a national developer on local land use and real estate matters for the siting of multiple logistics centers in Central Virginia
  • Representation of large retailer in the review of local land use entitlements and the negotiation of local incentives for two large distribution facilities located in Central Virginia.
  • Representation of a retail center developer in obtaining rezoning approval for over 200,000 square foot retail center, including a 135,000 square foot grocery store anchor, on an infill property located in a Central Virginia locality. The grocery store anchor later hired Brennen to obtain additional entitlements for the store.
  • Representation of a Richmond-area developer in obtaining several zoning approvals for NorthLake, a 400-acre industrial/commercial development in Hanover County, Virginia with over 1.3 million square feet of space now developed. Brennen assisted the developer in the acquisition of the real estate for the project and negotiation for the sale of portions of the project to other developers. He also assisted the developer in obtaining a commitment of public funds for construction of road and water infrastructure for the project.
  • Representation of granite mining companies in seeking various land use approvals for development of new mining operations and the expansion or continuation of existing mining operations.
  • Representation of the subsidiary of an Indian-based pharmaceutical-grade gelatin manufacturer to obtain zoning approvals for the subsidiary’s North American headquarters and distribution center.
  • Representation of several residential project developers in Central Virginia on new development projects for a mix of residential types, including single family detached project, townhouse projects and multi-family developments.