preview

Western Ecosystems Technology Vs. Greenhunter Wind Energy

Decent Essays

One of the “worst business law decisions to emerge in the past decade” is Western Ecosystems Technology v. GreenHunter Wind Energy LCC. GreenHunter Resources, Inc. is a publicly-traded company from Delaware that focuses on water management solutions for oil and gas operations in the Eagle Ford, Marcellus and Bakken shale basins. GreenHunter Resources Inc. was formed to be “the first publicly traded renewable energy company based in the United States that provides to investors a portfolio of diversified assets in the alternative energy sector.” Their business plan was to acquire businesses and operate assests in the wind, solar, geothermal, biomass and biofuels (biodiesel and ethanol) renewable energy sectors. They aimed to change the way power and renewable energy fuels are produced and distributed. Their main goal was to be more efficient and facilitate increased stockholder value. GreenHunter had 3 separate divisions, one including wind energy space. Once GreenHunter’s SEC filings had been reviewed, it showed that their operating divisions were organized in the form of a single-member LLC subsidiary below the parent company; the wind energy division was organized under GreenHunter Wind Energy, LLC. In 2006 GreenHunter Wind Energy, LLC participated in a reverse acquisition in which the company would become its sole member and corporate parent (GreenHunter Resources, Inc.) In 2008 Southern Ute Growth Fund and GreenHunter Wind Energy, LLC entered into an

Get Access