Sustainability
Individuals and businesses are being forced to respond to new emphases on improving energy efficiency, minimizing consumption and waste creation, reducing climate change pollution, and shifting to renewable energy use and production. Emerging regulations and market demands are changing the way businesses are run and are creating numerous possibilities for realizing significant economic benefits by making good environmental choices. Some of these representative changes include:
- the required reporting and reduction of greenhouse gas (GHG) emissions;
- the growing availability of tax credits and exemptions for the production and use of renewable energy;
- the provision of financial incentives for the advancement of clean energy technologies; and
- the implementation of policies mandating minimum performance standards for new and existing buildings.
Whether seeking to engage in the business of sustainability or to conduct business more sustainably, identifying, understanding and effectively adjusting to the forces behind these new trends is the only way to ensure that opportunities may be maximized and risks and liabilities minimized.
Black Helterline is dedicated to protecting our clients’ best interests, promoting their individualized needs and providing legal solutions carefully tailored to meet unique and distinct environmental and economic objectives. Our attorneys have effectively counseled clients in a variety of industry sectors and have substantial experience advising and developing relationships with small to mid-sized companies and organizations, as well as family-owned entities.
Renewable Energy 
As the production and use of renewable energy has begun to make real economic sense, the level of involvement and commitment from key stakeholders within industry, government and finance has grown significantly. With such extensive demand for clean energy, supply opportunities are increasingly financially attractive and abundant. Black Helterline has extensive expertise in areas of energy sector project investment, development and operation. Leveraging this expertise, we are able to assist clients with wind, solar, wave, geothermal and biofuel energy projects and can draw on a diversity of skills to address issues related to siting, state and federal permitting, regulatory compliance, project due-diligence, and facility design, construction and operation. We also advise clients in matters related to project finance and insurance, entity structure and governance, and counsel clients in the negotiation and closing of a variety of transaction agreements including real property lease agreements, power purchase agreements, labor and construction agreements, and transmission and interconnection agreements.
Climate Change Strategy
Although the impacts of climate change and the pace of implementing various mitigation strategies are likely to differ drastically between regional, national and international levels, considerable efforts to invest in and develop the tools and programs needed to cause critical reductions in GHG emissions are rapidly progressing. One significant outcome is that increased attention and commitment to pursuing GHG emissions reductions is causing companies of all sizes, across all sectors, to rethink and reshape business policies and practices. Whether in response to existing or emerging regulatory requirements, investor or shareholder pressures, a desire to strengthen or reshape a brand image, or the sheer need to optimize production, operation or supply chain efficiency, developing a comprehensive GHG management strategy will be key to ensuring continued success. Black Helterline has maintained fluency, on state, regional and federal levels, with the programs and policies being designed to reduce GHG emissions. Our attorneys are also thoroughly familiar with the various GHG emissions inventory and reporting guidelines and tools, as well as national and international carbon markets.
Green Building
Buildings represent the single largest source of demand for energy and materials, the production of which yields substantial quantities of GHG emissions. By meeting green building and energy efficiency standards, those involved with designing, financing, constructing and renovating new and existing construction, can create substantial environmental, economic and health benefits. Accounting and planning for the unique opportunities and challenges that arise in the green building context, in conjunction with traditional design and construction related issues, is essential for the success of any project. Black Helterline has extensive experience advising clients on real property issues, regulatory and permitting requirements, building, land use and zoning codes, and project finance and tax issues. Our work has also provided us with significant insights into issues of tax credits and other financial incentives available for high-performance green building, green building certification systems (e.g. LEED and Green Globes), permitting and regulatory issues governing the installation of renewable energy systems, and carbon-based real estate regulation. While the many issues related to green building are sure to continue evolving, our experience and unique knowledge of ongoing changes in green building policies and practices will ensure that our clients’ needs are consistently satisfied.
Green Private Equity & Emerging Growth
An especially rapid expansion in demand for "green" products and services has provided entrepreneurs and companies with multiple sources of funding to pursue numerous opportunities for expansion and growth in new and existing markets. Whether advising an established corporation or an emerging company, Black Helterline has consistently succeeded in providing our clients with creative solutions to ensure that their diverse needs are met at each phase of their business’ life cycle. Drawing on the depth and breadth of our attorneys’ experience in areas of entity formation, angel and venture capital financing, private placements, mergers and acquisitions, securities compliance, and a variety of complex business transactions, Black Helterline is positioned to provide comprehensive support for our clients who endeavor to seize growth opportunities by satisfying the complex demands of all areas of green business.
Taxes & Incentives
Significant long-term and widespread environmental, social and economic benefits accrue when individuals and entities commit to utilizing renewable energy, developing clean and green technologies, and embracing solutions that promote energy conservation in a variety of contexts. On federal and state levels, agencies and organizations offer numerous incentives and tax benefits to eligible consumers and producers who have made certain "green" commitments. Without understanding how, when and where various financial benefits are made available, valuable opportunities for tax exemptions, cost-recovery and additional revenues can easily be lost. Black Helterline has extensive experience advising clients on multistate tax issues and the negotiation of transferability, assignment and "flip" agreements. Coupling this experience and our attorneys’ comprehensive familiarity with the types, sources and eligibility requirements of available tax exemptions, tax credits (e.g. RETC, BETC, PTC) and cash incentives, Black Helterline is capable of securing the maximum financial advantage and the minimum tax exposure for all of our clients.
Green Licensing & Technology
The explosive demand for cleaner and greener technologies and production processes has created innumerable opportunities for individuals and companies to retain distinct competitive advantages by developing creative solutions to unique environmental challenges. By employing a variety of legal mechanisms to both establish and protect valued relationships, all parties to an arrangement are able to stimulate and build on the strengths of each other—and this is how more substantial successes are more often accomplished. Black Helterline has amassed experience designing and executing a variety of these types of arrangements in both national and international contexts. Our attorneys have assisted companies with the acquisition, development, distribution and protection of various technologies and trade secrets, as well as the formation of joint ventures and strategic alliances.