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Green Business

At Goulston & Storrs, our commitment to sustainability is not a new initiative – it’s second nature. For decades, we have advised businesses involved in shaping the built environment, which is responsible for most of the energy consumption in the United States. Increasingly, our clients engage us to help them advance their business plans in environmentally responsible ways.

As government policy and regulations in this area rapidly evolve, Goulston & Storrs closely monitors, contributes to, and helps clients comply with these changes. From forming green technology ventures and accessing renewable energy tax credits, to writing green leases and complying with green building mandates, Goulston & Storrs assists clients across all business sectors in achieving their sustainable business strategies. In addition, several of our Green Business attorneys are LEED Accredited Professionals and one of the members of the group is a Registered Professional Engineer in the Commonwealth of Massachusetts.

We regularly counsel our clients with respect to green business issues including:

  • Brownfields/Environmental
  • Building Commissioning and Retro-commissioning
  • Carbon Trading
  • Cleantech Ventures
  • Conservation Restrictions
  • Green Building Compliance (LEED)
  • Greenhouse Gas Regulatory Compliance
  • Power Purchase Agreements
  • Renewable Energy and Alternative Energy Generation
  • Smart Growth and Transit Oriented Development (TOD)
  • Tax Credits
  • Utility Interconnection Agreements
  • Water Regulatory Compliance

Goulston & Storrs is committed to being 'green'.  We were an active participant in Governor Deval Patrick's Clean Energy Challenge.  On a National basis, we serve as counsel to the Council for Energy Friendly Affordable Housing, and one of our attorneys is Co-Chair of the Green/Energy Committee of the National Leased Housing Association. 

For more information about how Goulston & Storrs is committed to clients and our role in the reducing our carbon footprint, please read our service pledge.

Representative Clients

  • Bank of America 
  • The Kraft Group
  • Boston Properties
  • Massachusetts Transit Authority
  • Community Reinvestment Act
  • National Grid
  • Council for Energy Friendly Affordable Housing
  • Nature Conservancy
  • Equity Trust
  • New Boston Fund
  • General Theological Seminary
  • New England Development
  • Greenprint Foundation
  • NRG Energy
  • Harvard University
  • Scenic Hudson
  • H2O Applied Technologies
  • Thornpike Development
  • IKEA
  • TransFair USA
  • Israel Cleantech Ventures
  • The Trustees of Reservations

 

Representative Projects and Transactions

 

Brownfields/Environmental

  • Represent a golf course owner/developer in Florida in negotiating a water re-use agreement with county water authorities to use millions of gallons of so-called “gray water” for irrigation purposes.
  • Assist clients in obtaining Massachusetts Brownfields tax credits for redevelopment projects involving contaminated sites after regulatory closure has been achieved for those sites.
  • Ongoing environmental representation of National Development Associates in connection with its successful acquisition, redevelopment, leasing, and financing of a significant portion of the Woburn, Massachusetts Industri-Plex Superfund site.
  • Environmental counsel to the owner of the New England Patriots in connection with the construction of Gillette Stadium and Patriot Place, a 1.3 million square foot mixed use development adjacent to Gillette Stadium in Foxboro, Massachusetts including land reuse, river and habitat restoration, recycled water use and transportation demand management initiatives.
     

Green Building

  • General counsel since inception to Greenprint Foundation, a non-profit, worldwide alliance of leading real estate owners, investors and financial institutions committed to reducing carbon emissions across the global property industry.
  • General counsel to H20 Applied Technologies (an affiliate of The Beacon Companies), provider of energy and utility conservation installations and services to hospitals, office buildings and other significant energy users, in connection with a $50M secured credit facility and $5M convertible debt financing provided by Silver Point Finance, LLC.
  • Represent the Council for Energy Friendly Affordable Housing, an association of affordable housing owners which works to retrofit properties to become more energy efficient and sustainable.
  • Represented developers with respect to federal and state tax incentives available for greening commercial and multifamily buildings, including developers seeking to combine the low-income housing tax credits with energy tax credits.
  • Represent MetWest Terra Hospitality, a leader in the development of eco-friendly, LEED-certified resorts, in management agreements.
  • Represented National Grid in a build to suit lease for LEED Platinum certified building.
  • Represented Boston Properties, as landlord, in completing a 400,000 square foot “green” office lease at Atlantic Wharf (formerly Russia Wharf), Boston in a proposed LEED Gold certified development, which is now under construction. Represent owner/developer of 12-acre LEED-Neighborhood Development Gold project in San Mateo, CA.

Cleantech Ventures

  • Represented Israel Cleantech Ventures in financing of FRX Polymers, a manufacturer of polymeric flame retarding additives.
  • Represented a global investment firm in its venture investments in cleantech companies.
  • Represent real estate leasing and management companies in connection with the protection of brands for environmentally-friendly tenant build-out services.
  • General counsel to TransFair USA (which certifies that coffee, tea, cocoa, and similar products meet certain fair trade criteria that include the producers' use of environmentally-friendly sustainable agricultural practices) in licensing, loans, collaboration agreements and intellectual property matters.
  • Structure insurance programs to take advantage of new products for “green” construction and development practices, including property insurance, liability insurance, OCIP coverage, CCIP coverage, and related lines.
     

Conservation Restrictions

  • Represented the Nature Conservancy in its acquisition of 161,000 acres in the heart of the Adirondacks for the "forever wild" Adirondack State Park and negotiated an agreement with a paper mill to provide pulp to the mill.
  • Represent The Trustees of Reservations in connection with the preparation, negotiation, and enforcement of conservation restrictions in communities throughout Massachusetts, the coordination of land acquisitions, and the development and refinement of policies related to land conservation and management.
  • Established a conservation easement over land in Jaffrey, NY, with the Monadnock Conservancy responsible for its implementation.
  • Represent Equity Trust in the preservation of community supported agriculture and family farms.

Greenhouse Gas Regulatory Compliance

  • Represented New England Development in a Project in Springfield, MA resulting in the state’s first major retail project to go through the MEPA process with a “Greenhouse Gas component”. This project included developing the modeling and determining the elements of both stationary and mobile sources of Greenhouse Gas emitters.
  • Represented The Kraft Group in obtaining approval of a 1.5 million square foot life-sciences office space through the MEPA office under the Greenhouse Gas Policy. Assisted client in developing a commitment to the Commonwealth for an 18% reduction in Greenhouse Gas emissions accomplished through a series of initiatives such as using solar energy, building orientation, HVAC systems, green housekeeping, recycling, water reuse systems and sustainable design elements.
  • Working with major retailers to design and implement Greenhouse Gas policies aimed at maximizing their Greenhouse Gas Emissions reductions through energy conservation.
  • Represent NRG Energy in permitting, litigation and strategic planning matters affecting its electric power plant in Somerset, Massachusetts.
  • Represent Bank of America in loans to recycling and waste management companies involving verified emissions reductions.   
     

Power Purchase Agreements

  • Negotiated an agreement for the installation, interconnection and operation of a solar (photovoltaic) electric generation facility for a major furniture retailer.
  • Counseling a national multifamily developer on power purchase arrangements with a proposed adjoining wind turbine facility and related permitting and regulatory matters.
  • Provided Community Reinvestment Act guidance to a fund in connection with its offering of shares in a geothermal center designed to deliver energy to a city pursuant to a power purchase agreement.
  • Negotiated an agreement for the installation, interconnection and operation of a solar (photovoltaic) electric generation system on a multi-family housing project financed with low-income housing tax credits and consideration of related federal and state tax issues in connection with state incentives and grants in-lieu of federal tax credits.

Renewable Energy and Alternative Energy Generation

  • Secured all necessary state permits to support Stop & Shop's food-to-fuel conversion operations. This includes obtaining the first-ever issued Recycling, Conversion, Compost (“RCC”) Permit from MassDEP for anaerobic digestion technology. Also helped Stop & Shop develop and execute a strategy that obtained all of the required local approvals for the facility. 
  • Represented Bank of America in negotiating secured bridge financing for one of the largest affordable housing developers in the U.S. for the installation of solar panels on affordable housing developments in Connecticut and Massachusetts.
  • Negotiating an agreement for the installation, interconnection and operation of a fuel cell facility for a trophy Manhattan office tower.
  • Representation of the General Theological Seminary on the approval process and contracts with the engineering and construction firms retained by the Seminary to implement a geothermal-based heating and cooling system on its campus, which is comprised of 14 buildings, aggregating over 275,000 square feet on a city block in the Chelsea area of Manhattan.
  • Advised multifamily developer related to HUD-funded development registered with the US Green Building Counsel for LEED Certification Gold including 100 kw solar photovoltaic array providing 30% of the buildings core energy, a green vegetative roof and an 8000 gallon rainwater retention cistern.
  • Represented the developer of a proposed wind turbine farm in Nantucket Sound in the successful defense of two lawsuits challenging the developer’s right to proceed.
  • Analyzed the legal and regulatory feasibility of a deep heat geothermal energy system for a major institutional client.

Smart Growth and Transit Oriented Development

  • Represent the developers of Seaport Square, a proposed 6.5 million square foot mixed use development in the South Boston Seaport, which is exploring such measures as on-site co-generation and a major on-site car sharing hub as part of its goal to become the largest development in the United States to attain LEED-ND Silver status.
  • Represent Swedish furniture retailer IKEA, in the permitting and development of its sustainably designed 340,000 s.f. store in Somerville, MA.
  • Counseled Massachusetts Regional Transit Authorities and private developers in connection with the development of intermodal facilities financed through public/private partnerships. In Lawrence, Massachusetts, the Regional Transit Authority developed a garage facility that serves both commuter rail and an adjacent condominium through a mix of state and federal funding, leveraging privately owned land.
  • Counsel New Boston Fund and its affiliate, the Urban Strategy America Fund, in the redevelopment of a 42-acre Brownfields site, known as “Olmsted Green,” the first project in Boston to achieve designation under the State’s Smart Growth Legislation (Chapter 40R), including permitting and regulatory advice with respect to novel environmental issues.
  • Represented the developer AIMCO in a rezoning under the Massachusetts Smart Growth zoning program (Chapter 40R) for Waterford Village, an approximately 40 acre, previously developed site directly across from Bridgewater State College.
  • Assist Harvard University’s Allston Development Group in addressing the University’s commitment to reducing greenhouse gas emissions through exploration of on-site co-generation, wind and geothermal power and compliance with MEPA’s Greenhouse Gas Policy and the City of Boston’s green building mandate through Boston Zoning Code Article 32.
  • Represent the developer of "Station Park Green," a LEED Gold-ND project on 12 acres in San Mateo, CA, with 599 units and 60,000 square feet of retail, located next to a commuter rail stop.
  • Represent Thorndike Development in a Massachusetts 40R Smart Growth mixed use project at the Kingston MBTA station including an appeal of the zoning for the project, which involved enacting a 40R bylaw amendment.
  • Represent Scenic Hudson, a non-profit organization dedicated to protecting and restoring the Hudson River, in a ground lease and contracts with project consultants for the development of a LEED Gold certified 166 room hotel and conference center.

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