Resource Recovery

Klavens Law Group: Resource RecoveryOur resource recovery practice provides project development, contracts, and general counsel support to North American companies in the recycling, food waste/wastewater/residuals (biosolids) management, emissions control and waste-to-energy sectors. We serve clients throughout the U.S. and Canada who are typically developing new facility installations, rehabilitating outdated infrastructure, or creating and supplying cutting-edge technologies to the public and private resource recovery and waste-to-energy sectors. We serve as project counsel to a wide variety of waste resource recovery and reuse projects focused on composting (outdoor and in-vessel), anaerobic digestion (food waste, biosolids and co-digestion), waste incineration, FOG (fats, oils and grease), wastewater and residuals drying, waste transfer and transportation, landfill emissions control and waste-to-energy technologies including CHP (combined heat and power), waste heat recovery, landfill gas recovery and waste-to-fuel systems. We also assist emerging technology clients that are developing and supplying technology products and services, such as remote monitoring systems, used to support resource recovery, emissions reduction and waste-to-energy activities.

Our resource recovery and waste-to-energy clients include well-established industry leaders, emerging companies, and equity investors. In the Northeast and across North America we have worked with and across the table from public entities of many kinds in both the U.S. and Canada. We often provide ongoing counsel to project teams developing large-scale public-private partnership (P3) efforts, and, in doing so, we typically represent private entities that are building waste recovery, waste processing and waste-to-energy facilities for municipalities and public entities. We often stay with projects from initial concept through all aspects of public procurement, construction and long-term operations, and we can assist at any stage of project development.

Legal services we provide in the resource recovery, waste-to-energy and waste technology areas include:

  • start-up and ongoing outside general counsel advice to emerging and established companies
  • project counsel services for large-scale P3 and municipal projects
  • advice and assistance with request to public procurement matters
  • advice on land use and permitting, real estate, financing and construction matters for resource recovery and waste-to-energy projects
  • assistance with planning, negotiating and documenting waste sector mergers, acquisitions, joint ventures and other strategic transactions
  • representation in regulatory matters relating to air emissions (including federal Clean Air Act Title V), sewer discharge and other waste facility permits
  • representation on teaming agreements, memoranda of understanding, letters of intent, and project and deal memoranda and structure
  • negotiation and drafting of prime contracts and subcontracts for design, engineering, equipment supply, construction, operations, maintenance and repair
  • advice on alternative project delivery methods including DB (design-build), DBO (design-build-operate), DBOO (design-build-own-operate), and DBOOF (design-build-own-operate-finance)