Green Team

The KMK Green Team exists to assist developers, property owners and construction professionals with the implementation of Green building principles that enhance the value of their projects and take advantage of available incentives. Our team is comprised of real estate, environmental, economic development, construction and tax lawyers who have experience and knowledge about Green development issues.

The Green Team colleagues can leverage the depth of experience and knowledge of more than 100+ attorneys in a wide range of development and project finance engagements, including long term ground and facility leases, leveraged equipment financing, tax credit syndication, and private equity placements.  KMK has represented clients in smart grid equipment acquisition, wind farm project financing, air rights and structured facility finance leases, and project documentation related to New Markets and other tax credit transactions.  These sophisticated engagements have been handled by Green Team members and other attorneys in our Real Estate, Corporate, Securities, and Commercial Finance practice areas.

The team is available to:

• Assist in application and obtaining State and Federal incentives for renewable and coal energies
• Structure tax credit financing for renewable energy
• Arrange other tax or financial incentives available to clients as a result of conservation measures that are in play when the project goes Green or seeks LEED^® certification
• Address “Green” land use requirements
• Assist with brownfield re-use incentives and environmental concerns
• Prepare construction and project governing documentation to ensure LEED^® compliance
• Resolve LEED^® certification disputes
• Negotiate and advise on carbon emission trading and climate change issues
• Assist in site selection

As with your other development projects, the KMK Green Team can assist you on your project from concept to lease-up.

Brenna L.K. Penrose, an attorney in KMK's Litigation group, is LEED^® AP Certified.

Additional information regarding the ways in which KMK strives to be "Lean and Green" is available.

Representative Engagements

• Ohio representation of wind farm developer on site acquisition and siting issues
• Negotiate green space conservation easements for land owner of Ohio River view property
• Negotiate and handle gifts of permanent green space to park board
• Negotiate loan transaction for wind farm in Illinois
• Bond financing counsel for LEED Certified Silver projects in Cincinnati, Ohio
• Advise clients on façade easements for historic conservation and rehabilitation of locally designated historic property
• Financing of ethanol plant in South Bend, Indiana, and acquisition of additional sites
• Big box reuse in Hamilton, Ohio
• Construction contract terms related to “green building” requirements – various projects
• Redevelopment of former manufacturing facility (RCRA site) into office park
• Multiple brownfield redevelopment deals
• Organization of client’s residential LEED^® certification business

News

• KMK Green Team Attorney Brenna Penrose Earns LEED AP Certification
• Keating Muething & Klekamp Forms "Green" Team

Events

• Sustainability on Trial: Contracting and Litigation Risks with High Performance Buildings, Green Buildings & New Technology Conference, 2008
• Sustainability on Trial: Contracting and Litigation Risks with High Performance Buildings, Getting into Green vs. Leaping into LEED, September 11, 2008

Publications

• Update on Cincinnati Environmental Justice Ordinance, December 18, 2009
• Legal Alert: American Recovery and Reinvestment Act, March 2, 2009
• Legal Alert: The "Greening" of Real Estate Development: More Green in Your Pockets, December 13, 2007