Environmental Services and Beneficial Reuse

The Environmental Services and Beneficial Reuse practice group at Katz Barron Squitero Faust includes over 20 years of experience in the areas of (1) collection, transportation and disposal of waste materials, (2) collection, transportation and beneficial reuse of recyclables, (3) due diligence, financing, investment structuring, negotiation, development and operation of landfill gas-to-energy projects, and (4) due diligence, financing, investment structuring, negotiation, development and operation of beneficial reuse projects.

Specifically, the Environmental Services and Beneficial Reuse group has advised and negotiated:
• Teaming agreements and strategic alliances allowing clients to increase service and product offerings to prospective customers in the areas of recycling, hazardous waste, liquid waste and solid waste;

• Long-term municipal franchise agreements for the collection and disposal of waste materials and/or collection and beneficial reuse of recycling materials;

• Master service agreements for the collection and disposal of waste materials and/or collection and beneficial reuse of recycling materials for national and regional accounts;

• Transportation agreements for the transportation of waste materials and recycling materials from generator facilities and transfer station facilities to disposal facilities and from generator facilities and material recovery facilities to processing facilities;

• Long-term leases and operating agreements for the use and operation of transfer stations, material recovery facilities and disposal facilities;

• Mergers, acquisitions and divestitures of environmental service businesses and assets;

• Formation of joint ventures, partnerships and other business entities for financing, development and operation of environmental service assets;

• Landfill gas-to-energy projects and related investment, financing, development and operational agreements (including gas sale agreements, gas rights agreements, site leases, easements, guaranties, equipment leases, credit agreements, operating agreements, off-take agreements and the sale of environmental attributes);

• Negotiation of operating agreement for financing of project and management agreement for operation of a food waste beneficial reuse project;

• Negotiation of operating agreement for the reclamation of metal from ash materials disposed of at a landfill;

• Negotiation of master development and operating agreement for the recycling of HDPE into material to replace traditional carbon-based fuels;

• Resolution of a dispute between successor to two landfill gas-to-energy projects in Wisconsin and Pennsylvania and prior owner, resulting in a multi-million dollar payment to client and a restructuring of the project to preserve approximately $6,000,000 in tax credits;

• Resolution of a dispute between developer and landfill owner with respect to the quality of landfill gas for a high-BTU project in Ohio where developer claimed approximately $10,000,000 in damages, resulting in client paying developer only nuisance value to settle the claim;

• Representation of power producer in connection with a power purchase agreement for the sale of electricity in California;

• Resolution of a dispute between successor to a landfill gas evaporator project in Texas and the prior landfill owner with respect to breach of representations and warranties regarding the operation of the evaporator, resulting in dissolution of the project upon economically favorable terms to client;

• Representation of landfill owner with respect to a gas-to-energy project (gas piping) in Michigan for a 30-year project involving the production of LNG/CNG for use as a fuel for landfill owner’s vehicles.

Attorneys in this practice area:
Charles J. Duffy, III
Matt Katz

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