Green Building
A growing number of jurisdictions have enacted green building codes or other programs mandating or incentivizing sustainable or "green" building. In addition, real estate developers, managers and building owners looking to strategically position themselves as leaders or to reduce potential liability risks are pursuing the use of voluntary green building standards. MGKF assists clients constructing or retrofitting green buildings, including projects aiming to achieve certification under the United States Green Building Council ("USGBC") Leadership in Energy and Environmental Design ("LEED") rating systems or other national or local standards.
Our firm is a member of
USGBC. MGKF partner
Brenda Hustis Gotanda and technical consultant
Michael Nines are accredited as LEED® Accredited Professionals ("LEED® APs"). Our attorneys and technical staff have also published articles and given presentations on green building and certification standards.
MGKF represents clients across a range of matters in this developing field, from the planning stages through project completion and beyond. When project siting is an issue, we are experienced in site development and permitting issues. MGKF assists clients in evaluating environmental permitting requirements for alternative site designs in order to allow selection of a site design that both has a minimal impact on the environment and achieves the project's main purpose. When a client's project creates the potential for environmental impact, for example to a waterbody, wetland, or an important plant or animal species, we have negotiated permit conditions, memoranda of agreement, and green design strategies to eliminate or mitigate the potential adverse impact while achieving the client's project objectives. MGKF assists clients with regulatory approvals necessary to incorporate various aspects of green building into their projects, such as beneficial reuse or water reuse approvals. We are experienced in negotiating representations, warranties and indemnities in contracts, purchase agreements and leases. We assist clients by identifying and developing strategic plans to maximize potential federal, state, and local funding and incentives for clients building green or undertaking green retrofits. MGKF also represents clients in litigation and other adversarial proceedings, as well as in alternative dispute resolution.
In recognition of the growing marketplace interest in green building, MGKF sponsored a Harvard Law School Environmental Law & Policy Clinic White Paper on
The Green Building Revolution: Addressing and Managing Legal Risks and Liabilities, which provides recommendations on how to avoid or mitigate risks of claims in the green building context.
The following are some of the representative matters MGKF has handled in the green building field:
- We have represented commercial developers of green buildings pursuing LEED certification in a wide range of issues, including counseling regarding reuse opportunities, obtaining necessary regulatory approvals for green design components, and in the USGBC's Credit Interpretation Request process.
- MGKF has successfully aided developers in favorable LEED project Credit Interpretation Rulings and in other advocacy roles related to the Pennsylvania Climate Change Act process.
- MGKF has assisted clients with gap assessments that compare the costs of moving from traditional construction standards and practices to green building construction standards.
- MGKF has represented clients in the redevelopment of existing impaired buildings into green buildings, and in obtaining various environmental regulatory approvals related to green building projects.
- We have counseled clients with respect to legal agreements for green building.
"USGBC" and related logo is a trademark owned by the U.S. Green Building Council and is used by permission. 
