The issue of our day is the building and development of sustainable enterprises. Robinson+Cole’s Sustainability Group consists of an interdisciplinary group of lawyers focused on assisting clients with legal issues related to the many facets of sustainability. We leverage our experience, knowledge, and creativity to collaborate with our clients on many types of projects, including the following:
The Sustainability Group advises on a wide array of green projects. We support energy and development projects involving solar, thermal, water, and wind energy, as well as waste reduction/recycling issues. ?We counsel our clean tech clients on a range of business issues.
Our clients come from a variety of backgrounds, including the following:
We advise clients on legal and business matters involving these areas:
As part of a full-service law firm with a long track record in the sustainability and clean energy field, the Sustainability Group creates a seamless integration of legal disciplines that includes the following:
Our way of doing business is to provide you with the creative legal and business approaches needed to move your company toward, and thrive in, an environmentally sustainable future.
Represented a lender, as administrative and collateral agent and a lender, in a $9,500,000 senior secured construction-to permanent term loan facility, and also as the sole lender in a contemporaneous $6,150,000 senior subordinated construction-to-permanent term loan facility, provided to a borrower to fund the construction costs associated with the design, procurement, and installation of a 10.3 MW gas-fired combined co-generation and ice production facility in Staten Island, New York, secured by all personal and real property assets of the borrower and its affiliates, including their respective rights under all contracts with procurement contractors, interconnection agreements, and maintenance agreements?and involving associated intercreditor, interparty, and other third-party issues. Assisted the client in evaluating the permitting and environmental requirements for and status of the borrower's co-generation facility as well as interacting with state agencies involved in the permitting process and with tax abatements.
Represented an institutional lender providing a $22 million construction loan to an affiliated group of borrowers to fund the construction costs associated with the design, procurement, and installation of 26 MW commercial rooftop solar array projects for two Fortune 50 companies to be located on 60 commercial buildings in four states and secured by all assets of the borrowers. We advised on respective rights under all contracts with equipment procurement contractors (EPCs), power purchase agreements, renewable energy certificates, agreements relating to federal?investment tax credits, interconnection agreements, and maintenance agreements. The contemplated refinancing of this transaction involved the placement of permanent senior loan financing from an institutional lender, a tax credit equity investment (in the form of a "partnership flip," which involved the creation of special purpose entities) from an institutional investor, and the associated intercreditor, interparty, and other related third-party issues.
Represented large high-technology manufacturer and after-market service provider in the negotiation and related legal support required to design and permit several connected "sustainable campus" projects at its headquarters, including multimillion-dollar wastewater treatment and reuse upgrades eliminating NPDES-permitted discharges, installation of a combined heat and power cogeneration facility, and related infrastructure changes.
Represented diversified public corporation undertaking redevelopment projects on several of its business units' campuses, including counsel on related legislation and tax incentives and representation in the environmental and land use permit proceedings required to construct and renovate buildings pursuant to a master plan for creating educational, housing, entertainment, retail, and employment opportunities in a mixed-use development district.
Represented New York county in all aspects, including corporate, environmental, real estate, and administrative law, of its renegotiation of a long-term agreement for the disposal of solid waste and operation of a waste-to-energy facility, with several ancillary agreements among the county, the facility operator, and the municipality in which the facility is located concerning the transfer of ownership of the facility from a county agency to the operator of the waste-to-energy facility.
Represented clients in securing renewable attribute accreditation for projects.
Counseled clients on tax credit financing for renewable energy projects and recently presented on financing tools for municipal projects, including Clean Renewable Energy Bonds (CREBs) and Qualified Energy Conservation Bonds (QECBs).
Represented renewable energy company as general corporate and real estate counsel?responsible for permitting, financing, and asset acquisition for Rhode Island-based power production facilities.
Represented public-private partnership with the State of Connecticut to redevelop, operate, and maintain Connecticut's 23 highway service plazas that include "green" initiatives to bring the facilities up to Leadership in Energy and Environmental Design standards, improve water runoff patterns, and install idle-reduction technology for use by trucks on the Connecticut Turnpike, also known as Interstate 95.
Drafted and negotiated hundreds of millions of dollars in design, construction, and consulting contracts for an Ivy League university's most prominent projects, including the environmental studies building (a LEED Platinum building), the new business school building, the chemistry lab, and renovations for several of the university's residential colleges.
Report on and analyze trends in smart growth, green building, and land use planning at the state and local levels across the country as part of the firm’s services to a national real estate client.
Represented Fortune 100 company with design, development, and implementation of its sustainability program, including researching applicable and emerging law and policy, analyzing potential funding mechanisms to support the program, aligning sustainability goals with business objectives, and developing an organizational structure consistent with the client’s corporate structure and culture.
Counsel to several clients in connection with analysis of participating in various mandatory and voluntary renewable energy and energy efficiency credit markets, including reviewing the applicability of certain technologies in various programs, determining the legal status and financial treatment of various credit instruments, and negotiating contracts for the verification, marketing, and sale of credit instruments.
Worked closely with Fortune 500 Company's legal and technical personnel to assess emerging federal, state, and regional greenhouse gas control programs, identify potential burdens and opportunities, and develop related corporate strategies.
Represented shorefront property owner in its application to the Connecticut Department of Energy and Environmental Protection for a permit to rebuild a house damaged by Hurricane Irene. Successfully argued that the client's house had predated the passage of coastal management statutes in Connecticut and was thus eligible for a permit under the simpler certificate of permission program.
Represented developer of a subdivision that included a wind turbine as a prominent feature in an action against the subdivision purchasers who reneged on promises to reconfigure subdivision open space to allow for development of the wind turbine. Successfully negotiated resolution to dispute.
Represented a multi-industry company?whose principal activities are to design and manufacture nickel-zinc rechargeable batteries?with respect to an exchange offer made to holders of Series A and Series B Preferred Stock.
Represented the industry leader in the commercialization of carbonate fuel cell products for stationary power?in its acquisition of a leading developer of solid oxide fuel cell technology, in an all-stock transaction valued at approximately $80 million. Also represented client in connection with $240 million and $60 million follow-on public offerings of the company’s common stock.
Represent Nasdaq-listed developer and manufacturer of high-efficiency distributed electric power generation.
Counseled manufacturers of fuel cell and energy systems regarding product labeling issues.
Litigation counsel to a wind energy developer for a wind turbine in a newly created subdivision in Rhode Island.
Counsel to a manufacturer of low environmental impact cleaners, oils, and fuels?with respect to brand management matters, including trademark protection and packaging compliance counseling.
Successfully modified legislation for environmentally preferable products and improved future communications in a matter involving the legislative committee of cognizance and the state agency of cognizance.
Representation in a $241 million public offering of common stock of a major fuel cell developer and manufacturer. The offering was underwritten by Merrill Lynch & Co.