Resource Recovery Matters

Representative resource recovery matters in which our attorneys have been involved include:

  • Represented developer of first two commercial anaerobic digester projects in Massachusetts. Assisted with site control, procurement of long-term supply of food processor waste from major waste hauler, sale of project commodities (electricity, net metering credits, environmental attributes, cogenerated heat, fertilizer, bedding, soil amendments), EPC contract, interconnection approval, net metering qualification, public and private debt financing, qualification for federal renewable energy financial incentives and sale of operating projects.
  • Represented investor in developer of an organics recycling and bioenergy facility that will be the first integrated high solids anaerobic digestion and in-vessel composting facility in Connecticut. The facility will process municipal and commercial waste from more than 16 central Connecticut municipalities. Using internal combustion engines, the facility will also generate approximately 1.6 megawatts of renewable energy and high-quality composting materials.
  • Represented small consulting firm pioneering anaerobic digester projects through grant writing, performance of feasibility studies and other services.
  • Served as project counsel to successful proposer, design-builder and long term operator in P3 project including food scrap pre-processing, anaerobic digestion, dewatering, gas recovery and compressed natural gas production with public entity in Oakland, CA. Work included assistance with RFP process, negotiation of principle terms with city officials, EPC and other contract drafting.
  • Represented large incineration facility operator for installation and operation of 2 MW heat recovery-to-energy project at facility in Rhode Island. Handled drafting and negotiation of principal contract, EPC contract, and PILOT agreement.
  • Represented Canadian entity in Calgary, Alberta, in Canada procurement to build $125+ million compost facility (in-vessel and outside components). Negotiated heads of terms, project agreement, construction contracts and long term merchant customer contracts.
  • Represented DBOO client concerning construction and operation of large compost facility located at landfill for Gulf Coast municipality in Florida. Provided project counsel through RFP stage, negotiation and close of principal agreement, EPC contract, technology supplier agreements and long term operational issues.
  • Served as project counsel for 150 acre merchant windrow compost facility servicing Los Angeles and Orange County, California municipalities. Included 700 acre real estate purchase, long term municipal waste management contracts, and product marketing contracts, as well as ongoing facility support.
  • Represented successful proposer as project development and long term operations attorney for large-scale DBO biosolids dryer, pelletization and egg-shaped digester (ESD) installation and operations project for City and County of Honolulu, Hawaii. Continued legal support for the facility and project over a 13 year period, including extensions and amendments of project agreements, facility upgrades and additions.
  • Project development and ongoing counsel for DBOOF dryer installation and operations project for Sacramento County Sewerage District, California, including coordination of $21 million in tax-exempt bond financing.
  • Project development and ongoing counsel for large-scale DBOOF biosolids dryer and dewatering construction and operations project for City of Philadelphia, Pennsylvania including $68 million in tax-exempt bond financing.
  • Negotiated and drafted long term biosolids pelletizer installation and operations contract for City of Stamford, Connecticut, and provide ongoing counsel to privately-owned facility on operational issues and contract amendments.
  • Long term operational support to large biosolids pelletizer facilities serving New York City, New York, Baltimore, Maryland and Pinellas County, Florida. Ongoing counsel includes assistance with contract and financing issues, dispute resolution, facility close-outs, upgrades, contract amendments, including high level of municipal personnel interface. Negotiation of long term fertilizer offtaker and transportation agreements.
  • Serve as outside general counsel for methane capture monitoring and efficiency technology supplier, negotiating technology installation agreements and master services agreements.
  • Developed operation and maintenance services agreement for third-party operator of utility-scale biomass energy project.
  • Advised operator of landfill gas-to-energy facility on potential sale of carbon offset credits to voluntary market.
  • Represented party to restructuring of landfill-gas-to-energy project.
  • Represented waste-to-energy facility in successful bid for local permits for Clean Air Act retrofit and defense of court challenges to permits issued.