Green Construction and Commerce

Among our lawyers is one of only a handful of Georgia-based lawyers who has been recognized as a US Green Building Council LEED Accredited Professional (LEED-AP). Thompson O’Brien can assist with all legal aspects of green building and development projects, including negotiating agreements among LEED professionals, contractors, developers and property owners; developing strategies to offset risks associated with green building design and construction; facilitating solutions to “traditional” environmental issues like construction stormwater controls, brownfields redevelopment regulations, and identification and avoidance of wetlands and water resources; resolving conflicts surrounding green building projects; securing public incentives for sustainable buildings and their component features; and drafting, interpreting and representing clients in connection with the drafting of sustainable building codes and ordinances.

Our lawyers have:

  • Represented financial institutions and investors in transactions involving conservation land acquisition and disposition
  • Advised public and private entities and negotiated joint venture agreements for landfill methane-to-energy projects
  • Advised an investor-owned utility regarding federal air quality control regulations, carbon sequestration project, and “green attributes” of renewable power production
  • Represented a venture capital group regarding the acquisition and operation of solid waste landfill and coal mine
  • Resolved environmental remediation issues in connection with U.S. Small Business Administration loan program requirements
  • Represented clients participating in brownfields program cleanups and Georgia EPD’s Voluntary Remediation Program
  • Served as outside general counsel for an algae-based biodiesel startup company
  • Represented plaintiffs and defendants in Clean Water Act and erosion and sedimentation control litigation
  • Represented a sustainable developer in defense of a state enforcement action regarding property contaminated by a third party
  • Represented real estate developers in negotiations with Army Corps of Engineers regarding wetlands delineation and mitigation requirements
  • Served as lead counsel in mediation of groundwater contamination claims at a 32-story mixed-use development, obtaining settlement twice as large as the client’s expected recovery
  • Brought claims under Oil Pollution Act for bulk commodities transporter and terminal operator for damages resulting from vessel collision on Mississippi River
  • Advised a national waste management company on environmental issues in sale of landfill and transfer stations
  • Negotiated with EPA Region 4 to settle an enforcement action with zero penalties for an appliance manufacturing company
  • Facilitated transactions under Georgia’s first regional transferable development rights (TDR) program
  • Coordinated due diligence and negotiated stock and asset purchase agreements for large-portfolio multinational corporations
  • Advised clients regarding privatization of sewer services for development project
  • Drafted Title V and other environmental permit applications and renewals