SUSTAINABILITY AND GREEN INITIATIVES

Alternative & Renewable Energy

We assisted a wind and solar energy company that partnered with several local governments in preparing and submitting applications for federal stimulus grants for energy efficiency projects under the American Recovery and Reinvestment Act of 2009.

We represented a major wind farming company with respect to due diligence, leasing and development work for large scale wind energy projects in Missouri and Iowa.

We oversaw the successful efforts of an ethanol-producing facility in Illinois to obtain Clean Air Act and Clean Water Act permits prior to its commencement of operations.

Climate Change and Carbon Credits

We assisted a landfill in evaluating the feasibility of implementing a voluntary emissions reduction project consisting of a landfill gas-fired waste-to-energy project in order to obtain marketable carbon credits. We worked with the landfill’s consultants to evaluate the potential carbon reductions from the project and with different carbon registries to evaluate the amount of carbon credits that could be issued.

We assisted a 4,000-acre tree farm in evaluating the feasibility of implementing a carbon sequestration project in order to obtain marketable carbon credits. We worked with the farm’s forester to evaluate the potential amount of carbon sequestered by the project and with different carbon registries and aggregators to evaluate the amount of carbon credits that could be issued.

We have presented summaries and overviews of climate change legislative proposals, regulatory changes, and policy considerations to industry groups, municipal leagues and chambers of commerce to help them develop strategies for complying with greenhouse gas emissions requirements and other related climate change considerations.

Intellectual Property

We have prepared and prosecuted patents related to silicon use in photovoltaic cells, fuel cell technologies for vehicular applications, and technology pertaining to electricity-generating heat engines that produce green energy.

We have prosecuted federal trademark registrations for trademarks associated with the sale of renewable energy credits.

We assisted a tenant of a LEED certified building in its efforts to significantly renovate it office space in compliance with LEED requirements.

LEED Construction

We have counseled clients seeking LEED certification for existing buildings and new construction, including negotiating leases for LEED buildings, securing energy credits and handling related U.S. Green Building Council sustainability matters.

For a new, LEED-certified manufacturing facility, we negotiated the acquisition of city-owned land constituting part of the project site for nominal consideration; obtained tax increment financing funds to pay for various soft costs and environmental remediation associated with the project; assisted the client with obtaining funds to assist with the development of energy efficiency; and represented the client in obtaining Recovery Zone tax-exempt bond proceeds.

Tax Credits, Corporate & Finance

We have represented developers, owners, lenders and tax credit syndicators in obtaining state Brownfield tax credits in the revolving tax credit program.

We have assisted a business park owner in obtaining state Brownfield tax credits for a remediation project involving the development of a Brownfield into the corporate headquarters of a major Midwest-based company.

We have represented real estate developers in commercial, residential and lending projects for urban- and transit-oriented development projects. These projects have included development of thousands of residential units, large scale and infill commercial uses, and adaptive reuse of historically significant structures otherwise facing demolition. This representation involved land use entitlement, environmental considerations, economic incentives and tax credit work.

We represented a large agribusiness client in divesting its interests held by a joint venture in a biodiesel facility in Illinois.

We represented a large agribusiness client in negotiating the terms of its minority investment in and strategic relationship with a large, full-service biodiesel company. Our client’s investment was part of a $100 million private equity financing involving multiple strategic partners and investors. We also negotiated the terms under which our client would supply the biodiesel company with raw materials, risk management and logistics expertise. We also negotiated a master feedstock sale agreement and biodiesel purchase agreement with the biodiesel company.

We represented a large agribusiness client in negotiating the terms of its minority investment in a renewable energy company that owns an ethanol facility in Iowa. We also negotiated the terms under which our client would supply the ethanol plant with raw materials and other services. We continue to advise our client in ongoing matters concerning this facility.

Brownfield Redevelopment and Reclamation Projects

Thompson Coburn represented a developer in connection with the purchase of a 153-acre abandoned manufacturing plant and its subsequent transformation into a business park. The negotiation of cleanup cost cap and pollution legal liability insurance policies was integral to the success of the development. In addition, the project received a Community Impact Award from the prestigious Phoenix Award Program in Illinois.

We assisted our client in the purchase and the development of a former steel plant into the then-largest open air shopping center in a large midwestern city. We planned and directed the client’s due diligence investigation, along with the environmental consultants; negotiated and obtained governmental approval of cleanup plans and objectives for distinct areas of the site; obtained approval of those plans from the lenders and bond underwriters that financed the project; created escrows to fund post-closing cleanup; and assisted the client in its implementation and completion of all cleanup activities.

We represented a coal mining company in successfully negotiating a reclamation plan with state and federal regulatory agencies. Implementation of the plan entailed a multimillion-dollar construction project, which transformed the property and made it usable for row crops, pastureland and an endangered species habitat.