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, associate
Meredith DuBarry Huston 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 successfully aided a green building developer in obtaining a favorable LEED project Credit Interpretation Ruling for Sustainable Sites Credit 3.
- We represented a commercial developer in providing comments on green-building "work plans" under consideration by the Pennsylvania Department of Environmental Protection as part of the Pennsylvania Climate Change Act process.
- MGKF is assisting a client with gap assessments to compare its costs of moving from traditional construction standards and practices to green building construction standards.
- MGKF is representing a client in the redevelopment of an existing impaired building into a green building and green technology center.
- MGKF has assisted clients in addressing siting, permitting, and regulatory issues associated with various sources of alternative energy generation, including wind power, solid fuel gasification, landfill gas-to-energy, and waste coal fuel.
- MGKF has advised commercial and industrial clients, contractors, and lending institutions with respect to available grants and tax incentives for green building and energy efficiency.
- MGKF has assisted a client in obtaining wetlands approvals for a major new hospital that is incorporating green siting as part of its overall patient treatment strategy at the facility.
- We have assisted a client in obtaining beneficial use approval to handle reusable materials at a green building site.
"USGBC" and related logo is a trademark owned by the U.S. Green Building Council and is used by permission. 
