Primary Attorney Contact(s): Melody B. McCutcheon
As government and market forces respond to climate change, the playing field for business and development is shifting rapidly. HCMP is tracking new legislation, state and local environmental programs, grants, tax credits, and potential participation in a carbon cap-and-trade program, all of which promise fundamental changes for developers, utilities, agencies, and business in general. At HCMP, there is a qualitative difference in how we help clients adapt to changing regulations and pursue market opportunities. We would welcome the opportunity to put our experience to work for you.
Navigating New Land Use Regulations is HCMP's Forte. For nearly four decades, HCMP attorneys have been at the forefront of emerging environmental and land use laws, assisting clients to shape, interpret, and comply with the State Environmental Policy Act (SEPA), Shoreline Management Act, and Growth Management Act. As state and local governments turn to these programs and new laws to combat greenhouse gas emissions, we are prepared to help you respond. We are experienced with sustainable development, green building practices, and low-impact stormwater techniques, having assisted clients who pioneered efforts in those areas.
Energy, Real Estate, and the Environment. The battle to reduce greenhouse gas emissions is creating a growing demand for the generation and distribution of alternative energy. Washington's I-937 and subsequent legislation are already requiring utilities to secure renewable energy sources, and they will soon be required to monitor and report energy consumption by public and nonresidential private building customers. Efforts to reduce transportation-related greenhouse gas emissions will fuel urban redevelopment projects, many of which will require environmental remediation and complex real property arrangements. HCMP's environmental attorneys have experience with a broad range of environmental regulations and work closely with our real estate attorneys to accomplish excellent results for our clients. Similarly, if you plan to upgrade your building or office space, we can advise you on matters of green leasing, LEED or other environmental certification programs, and related contractual issues.
The Business of Climate Change. Changing energy codes, conservation incentives, and emerging alternative energy markets create compliance hurdles on the one hand, and new business opportunities on the other. If these changes may affect your business or you see an opportunity here, HCMP can help you identify, interpret, and apply existing and new laws and regulations to help you succeed. You may qualify for state or federal grants or tax credits, which we can help you pursue. Our experienced business attorneys can help you form an appropriate business entity, secure or provide financing for a new business venture, or simply comply with changing regulatory requirements.
Emissions Reduction. Achieving climate change directives will also require capping and reducing sources of greenhouse gas emissions. Whether this ultimately involves carbon taxes, purchase of carbon offsets, or engagement in a carbon cap and trade program, there will be significant new regulatory compliance and transactional issues to manage. Because of the multiple approaches under consideration to reduce emissions, it is unlikely that there will be a one-size-fits-all solution. We would appreciate an opportunity to put our problem-solving skills to work for you.
Sustainable Development. In Washington State, work is underway to address greenhouse gas emissions associated with real estate development. In addition to green buildings, a major focus will be transportation, with an eye toward reducing vehicle miles traveled. Both jurisdictional planning efforts and individual projects are implicated.
- The legislature is presently considering amendment of the Growth Management Act to minimize greenhouse gas emissions associated with population growth. Requirements and incentives for Transit-Oriented Development are among the measures being considered. Transfer of Development Rights (TDRs) is another measure gaining in popularity, which will require clear and careful transactions to implement successfully. An emphasis on urban redevelopment in implicates environmental remediation, an area of emphasis for HCMP.
- Both state and local jurisdictions are preparing to deploy SEPA to require greenhouse gas mitigation for new projects. A recent report from the SEPA Work Group provides a preview of what may be expected. King County has before it a proposed ordinance to regulate greenhouse gas emissions under SEPA, and the City of Seattle requires a simplified calculation of greenhouse gas emissions as part of the SEPA process. HCMP will work with you to develop a strategy that meets these emerging programs using methods most suitable to your project.
- Transportation Plans will need to be developed and updated to accomplish transportation objectives. HCMP is experienced in counseling and representing property owners and businesses about the opportunities and impacts associated with transportation planning and major transportation infrastructure projects.
Green Buildings. Washington State and many local jurisdictions are implementing carrot and stick approaches to increase energy efficiency in buildings. More stringent energy code requirements will boost the feasibility of energy efficiency certification programs. HCMP lawyers have assisted clients with LEED and Built Green, and alternative programs are also emerging.
- Environmental certification programs add a level of complexity to design and construction contracts. Clear and careful contract drafting is essential to achieve intended results; HCMP can assist.
- Green Leasing is an evolving area of real estate law that structures relationships between landlords and tenants to achieve specific environmental and sustainability objectives. HCMP lawyers can help assure landlords and tenants that their legal documents capture their green commitments, provide enough flexibility to adapt to changing standards, and allocate the costs and obligations associated with obtaining and maintaining green standards.
- Conservation is often described as "low-hanging fruit" in the effort to contain Climate Change. Programs are immediately available to help weatherize and purchase energy efficient appliances. You can pursue many of these through utility providers without the need for legal counsel. If you have a conservation idea for your business or home that does require legal assistance, we would be happy to help.