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This is the second part of a Q&A series with members of the KLG team highlighting key areas in which renewable energy project developers encounter pitfalls that can end up delaying or derailing projects. This part is presented by Sarah Matthews, who handles commercial real estate and corporate matters.   /continue reading

On April 19, 2019, MassDEP issued proposed amendments to the Massachusetts Contingency Plan, 310 CMR 40.0000 (the “MCP”). The amendments address a number of provisions relating to the notification, assessment and cleanup of oil and/or hazardous material contamination, including the much anticipated draft standards for emerging contaminants of concern for exposure in drinking water known as per- and polyfluoroalkyl substances (PFAS).   /continue reading

In the early stages of a renewable energy project, project developers must take steps to secure rights to the land on which the project will be located. This frequently means obtaining a long-term lease of the property, and sometimes means purchasing the property outright. Whether the project developer leases or purchases the project site, the developer is well-advised to obtain a preliminary title search before executing a letter of intent or offer to purchase the property and to commission a title exam of the property and obtain title insurance before closing on the lease or purchase. Even when no lender is involved in the early stages of project development, taking the appropriate steps to research title and mitigate title risks through the purchase of title insurance can be critical in laying the groundwork for future project development and financing.   /continue reading