dcsimg Sustainability

Sustainability

“The strategist who is unconcerned by sustainability is akin to an architect who cares not whether their building stands or falls.”

James Mackenzie, NHS Sustainable Development Unit (2010)

Sustainability is not an abstraction or end in itself. It is a real-world method of doing business with universal application and implication. It is an appreciation for the value of resources and natural assets, and an integration of environmental costs into corporate and financial decision-making.

McGuireWoods as Pioneers

Almost 25 years ago McGuireWoods began assisting developers who wanted to make their projects more “environmentally beneficial” (“sustainability” wasn’t even a term applied to development yet), and were interested in developing mixed-use, walkable communities. Working with these pioneering clients placed us at the forefront of several trends that have come to define development today. We were charter members of the Congress for the New Urbanism, and we have taken leadership positions in almost every organization focusing on these types of communities — or the Form-Based Codes or Smart Codes that create them. We have served as counsel to the U.S. Green Building Council for more than a dozen years, as well as counsel to the World Green Building Council since its inception in 2002.

In 23 states, as well as Costa Rica, the Bahamas and Panama, we have represented the developers of green or pedestrian-oriented projects, or the localities that hoped to attract them. In these engagements, we write the codes that define structure and the governance documents that help create community. We assist in creating transit-oriented developments, develop sustainability plans for cities and regions, organize redevelopment, and overcome the countless impediments to innovative projects. Today we support our clients as they build “regenerative” and high-performance buildings that can generate more resources than they use and “resilient” neighborhoods designed to continue to function even after catastrophic events.

Our early work with cogeneration and brownfield recovery led to our involvement in some of the nation’s first eco-industrial parks, as we created their governance documents and the contracts for their unique relationships. We use some the same techniques today to help create innovative sustainable infrastructure systems with both high-profile client organizations in this area, as well as with our private and public developer clients. We help clients work on adaptive reuse projects, green buildings, green due diligence, incorporation of creative transportation solutions, and renewable energy, including creative solutions for water use and waste-to-energy systems. Partner Dan Slone is an internationally recognized leader on these issues and has spoken at forums across six continents.

Sustainability also means supporting leaders intent on building legacy organizations with enduring positive brand identities where fiscal strength, commitment to vibrant communities, and a healthy environment are equal parts of the strategic vision.

We counsel officers and board members on a broad array of sustainability issues, including risk management and how to create sustainability programs. Corporate leaders rely on McGuireWoods’ sustainability lawyers for counsel on all major sustainability issues, such as when and how to inventory and disclose GHG emissions, increasing energy security, securing carbon market opportunities, ensuring energy performance, and greening the supply chain for both compliance and greater resilience.

We have assisted entities and associations in the development and advocacy of innovative international climate finance, cleantech and energy efficiency programs. We have also assisted entities with World Bank funding, trade-related environmental issues (WTO/NAFTA) and OPIC financing and insurance.

In the United States, China, Africa and elsewhere in world, we have supported the developers of new, green products in overcoming regulatory and business impediments to distributing their products.

Our team has assisted numerous professionals in the world of urban and sustainable development with creating new services and products for introduction to domestic and foreign markets.

McGuireWoods is where it all comes together

Whether you want to align your business with core sustainability principles, design a vibrant community, incorporate clean energy and resource efficiency into your plans and operations, increase investments in clean technologies, or monetize natural resources — sound legal advice is critical. McGuireWoods provides insight from some of the best legal minds, tapping extensive pioneering experience for unique strategy and execution. At the same time, we foster collaboration benefiting both people and the planet for long-term well-being.

Services

Project Planning & Counsel

  • Charrette Management
  • Environmental & Land Use Permit Anticipation & Planning
  • Strategic Planning for Agency & Public Interaction
  • Identification of Roadblocks for Unusual Designs or Systems
  • Management Of Clean Energy, Avoided Deforestation, or Green Infrastructure Projects

Entitlements with Local Engineering & Legal Team Members

  • Zoning: Drafting Replacement Codes, Creating Proposed Zoning, Strategic Assistance in the Process of Zoning
  • Dealing with Subdivision, Regional Plans & Other Regulatory Roadblocks
  • Negotiating with Fire & Department of Transportation Officials
  • Permitting for Waste Water Discharge, Water Intake, & Reclaimed Water Use
  • Resolving Environmental Impact Statement, Wetland, Endangered Species & Archaeological Issues

Contracts

  • Real Estate Purchase
  • Financing, Including Loans and Loan Guarantees for Renewable Energies
  • Power Purchase & Sale Agreements
  • Waste Water, Solid Waste & Water Contracts
  • Power (Grid & Distributed), and Gas (with Utilities Team)
  • Voice, Video & Data
  • New Technologies (Licensing, Installation, etc.)
  • Environmental and “Green Benefits” Due Diligence

Relationship Documents

  • Covenants & Restrictions/Community Codes
  • Conservation Easements
  • Industrial Ecology Contracts
  • Homeowner Association Documents
  • Condominium Documents (with Real Estate Team)
  • Joint Development Agreements
  • Intellectual Property Agreements (with Intellectual Property Team)

Risk Management & Opportunity Development as Enterprise Partners

  • Conflict Mineral Due Diligence
  • Advising On Energy, Natural Resource, and Climate Change Matters
  • Counsel On Energy Technology Issues and Sustainable Water & Waste Infrastructure for Private Equity Funds
  • Emission Reduction Offsets, REC Agreements, and Low-Carbon Technology Development
  • Marketing of “Green” Products, Services, and Packaging
  • Environmental Content of Products
  • California-specific issues related to supply chain transparency, cap-and-trade, the feed-in tariff, or air resources

CONTACTS

Daniel K. Slone Partner T: +1 804 775 1041
Tricia A. Dunlap Attorney T: +1 804 775 1453
Results 1-10 of 10

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Pennterra: Middlesex Township, Pennsylvania

McGuireWoods has been part of the zoning team, and has drafted the Development Agreement and property owner association documents for this project, as well as key transactions documents.
Representative Matter

New Town: Williamsburg, Virginia

McGuireWoods has assisted in the drafting of the property association documents for the town center.  McGuireWoods designed the arrangements for centralized parking managed by the association.
Representative Matter

Edenton, North Carolina

McGuireWoods has assisted in the purchase and initial planning and permitting of this project.
Representative Matter

Noisette: North Charleston, South Carolina

McGuireWoods has assisted in developing the masterplan and utility strategy for this project and surrounding area.
Representative Matter

Burns Harbor, Indiana

McGuireWoods has assisted in developing the masterplan for this New Urban project, and has prepared the homeowners association documents.
Representative Matter

Cape Charles Sustainable Technology Park: Cape Charles, Virginia

McGuireWoods represented the joint City and County IDA in resolving land use issues and developing a unique set of regulations for a new sustainable technology park (imposed through Covenants & Restrictions).
Representative Matter

East Bay: Callaway, Florida

McGuireWoods has assisted in the initial planning, permitting and proposed zoning revisions for this project.
Representative Matter

Haymount: Caroline County, Virginia.

Haymount was one of the first New Urban projects proposed in the United States, and in 1988, the first in Virginia.  McGuireWoods handled all of the land use and environmental planning for this project.  
Representative Matter

Glenwood Park: Atlanta, Georgia

McGuireWoods drafted the property owner association documents for this New Urban and sustainable development project.
Representative Matter

East Beach: Norfolk, Virginia

McGuireWoods is part of the team that drafted the homeowner association documents.
Results 1-10 of 10
Samantha Dunkle Connelly Samantha Dunkle Connelly
Land Use Planner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1104
F: +1 804 775 1061
vCard
Tricia Dunlap Tricia A. Dunlap
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1453
F: +1 804 698 2065
vCard
David Evans David E. Evans
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4317
F: +1 804 698 2049
vCard
Gloria L Freye Gloria L. Freye
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1152
F: +1 804 698 2055
vCard
David R Gill David R. Gill
Counsel
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5039
F: +1 703 712 5297
vCard
Richard Lunger Richard Theodore Lunger III
Senior Counsel
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5003
F: +1 703 712 5247
vCard
Dana P Palmer Dana P. Palmer
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3445
F: +1 310 956 3121
vCard
Adena M Patterson Adena M. Patterson
Sr. Land Use Planner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7764
F: +1 804 775 1061
vCard
Bernadette Rappold Bernadette M. Rappold
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1754
F: +1 202 828 3303
vCard
Daniel K Slone Daniel K. Slone
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1041
F: +1 804 698 2175
vCard
Julie Yuepui Wei Julie Yuepui Wei
Associate
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8235
F: +1 310 956 3135
vCard
Kenneth W Wire Kenneth W. Wire
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5362
F: +1 703 712 5222
vCard
Joan A Wolff Joan A. Wolff
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8275
F: +1 310 956 3175
vCard
Results 1-19 of 19
Legal Alert

SEC Conflict Minerals Rule Upheld

July 24, 2013
Article

Emerging Issues in Green Building Due Diligence

VLTA Examiner
Fall 2009
Article

Risk-Reduction Tools

Learning to Manage the Potential Risks of Green Roof Design, Construction and Installation

Living Architecture Monitor
Summer 2009
Legal Alert

Green: The Color of Commercial Leasing

July 9, 2009
Article

A Sheep in Wolf's Clothing? Risk and Green Building

Environmental Design + Construction 2009 LEED Guide
July 2009
Results 1-19 of 19