We represent clients on a variety of environmental, natural resources and sustainability issues. Our clients include Fortune 500 clients, real estate developers, “green” and renewable energy concerns, as well as institutional landowners and not-for-profit entities. From coordinating waterfront development efforts, to securing state and Federal wetlands authorizations to developing renewable energy projects — we have the experience and connections to assist. We are here to help navigate today’s changing environment and regulatory landscape.
Environmental and Natural Resources Law
- Tidal and non-tidal wetlands authorizations, including representation before the Maryland Board of Public Works, the Maryland Department of Environment, and the U.S. Army Corps of Engineers.
- Environmental due diligence in the context of acquisition of real estate and business assets.
- Piers, waterfront construction, dredging, shoreline stabilization, and riparian rights.
- Chesapeake and Atlantic Coastal Bays Critical Area regulation.
- Maryland Forest Conservation Act, and its county and municipal analogs.
- Management of forest and agricultural land.
- Rare, Threatened and Endangered Species regulation.
- Stormwater management, including Environmental Site Design to the Maximum Extent Practicable (“ESD to the MEP”).
- Septic and sewer issues.
- Historic preservation issues, including Section 106 review under the National Historic Preservation Act, and matters before the State Historic Preservation Officer (“SHPO”) and various county and municipal historic preservation offices.
- Oyster aquaculture, water column leases, and bottom leases through the Maryland Department of Natural Resources.
- Clean Water Act Section 402 NPDES permits, including Municipal Separate Storm Sewer (“MS4”) permits.
Land Preservation and Parkland Creation
- Donated, purchased, and bargain-sale conservation easements, including compliance with Section 170(h) of the Internal Revenue Code.
- Agricultural preservation easements through MALPF and Rural Legacy programs.
- Rural land transactions involving county, state and Federal land-holding agencies.
- Public sector financing of land acquisition effort, including bridge financing through private and NGO lenders.
- Conservation easement amendments, including issues relating to perpetuity and compliance with 26 CFR § 1.170A-14.
Renewable Energy Permitting
- Development of ground-mounted utility scale and community solar energy projects, including acquisition of options, negotiation of ground leases, securing entitlements, navigating title and title curative matters.
- Extensive experience regarding the entitlement of community solar projects.
- Managing viewshed, cultural resources, and historic preservation issues as they relate to solar projects.
- Negotiation of Power Purchase Agreements.
Mitigation Banking, Environmental Restoration Projects, and Water Quality Trading
- Creation and management of Forest Conservation Act Mitigation Banks and Critical Area Forest Mitigation Banks (including FIDs banks).
- Stream restoration permitting, including addressing title curative issues and boundary line disputes.
- Creation of nontidal wetland mitigation banks.
- Clean Water Act Sec. 404 compensatory mitigation projects.
- Municipal Separate Storm Sewer System (“MS4”) compensatory mitigation for county, state and Federal permitholders, including establishment of easement acquisition protocols to satisfy requirements of Uniform Relocation Assistance and Real Property Acquisition Act (1970) (“URA”).
- Water quality trading.
