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Biography

Brian focuses his practice on development, real estate and transactional matters across various industries. He leads the firm’s renewable energy industry team and primarily focuses on advising clients on development of renewable energy projects, including anaerobic digester facilities, landfill gas to energy projects and solar projects. He has negotiated landfill gas rights agreements, gas purchase agreements on the NAESB form, interconnect agreements for injection of renewable natural gas, and marketing agreements for the sale of environmental attributes from renewable natural gas. He has advised clients on all phases of renewable energy project development, including site identification and acquisition, obtaining zoning approvals, financing, community engagement, tax credit and incentive procurement, and carbon accounting under the GHG protocol. He has helped clients evaluate financing these projects through Kentucky’s EPAD program and other states’ PACE program as well as using tax-exempt private activity bonds. These renewable energy projects are an extension of his work on the development of CNG fueling stations and assisting client with fleet conversion to CNG.

Other Info About Brian

Work History

Prior Work Experience

Brian has advised clients in the health care industry for years on the leasing, financing, purchase and sale of skilled nursing facilities, assisted living facilities and medical office buildings.

Before entering the legal field, Brian worked for Kindred Healthcare, Inc. in the Compliance Department, where he managed the implementation of several key components of Kindred Healthcare’s Corporate Integrity Agreement and helped develop and implement the company’s HIPAA compliance program.

Experience

Legal Work Highlights

Advising clients on all aspects of the development of utility-scale solar projects, including the following:

  • Real property issues including lease drafting and negotiations, purchase and sale agreement drafting and negotiations, surface and mineral rights, and title insurance
  • Analysis of ad valorem property tax liability in KY and potential incentives to reduce that liability
  • Analysis of sales and use tax liability and related exemptions in KY
  • Counseling on the requirements of the state Siting Board, including filing and prosecuting applications for construction certificates

Advising clients on the procurement of renewable natural gas for reduction of Scope 1 carbon emissions and monetization of related environmental attributes

Drafting and negotiating agreements for the purchase and sale of biomethane using the NAESB form agreement and related transaction confirmations

Negotiating gas rights agreements from various feedstocks, including landfill gas and manure

Advising project developers of anaerobic digester facilities in Kentucky and Texas, including managing site acquisition, zoning matters, and feedstock procurement and pursuing various state incentives

Counseling a developer on the debt and equity financing for the construction of a 117- unit assisted living facility in Texas

Advising a develop on the debt and equity financing for the construction of a 180-unit multi-family facility in New Mexico

Assisted M&M Cartage in the procurement of a $1,000,000 tax incentive package under the KEIA and KBI programs for the relocation of its corporate headquarters and the procurement of a $300,000 CMAQ grant for the purchase of five CNG-powered Class 8 trucks

Represented Kentuckiana Cleanfuel in the procurement of a $2.32 million CMAQ grant for the development of three compressed natural gas fueling stations and the procurement of tax incentive packages of $500,000 and $400,000 under the Incentives for Energy Independence Act for two of those CNG fueling stations

Represented a regional recycling company in the divestiture of its St. Louis and Nashville operations to separate publicly traded national waste management company

Assisted a client with the refinancing of an 80-unit apartment complex in New Mexico and a 2,400-acre recreational farm in Arkansas

Represented a joint venture in its development, construction and financing of a 301-unit apartment complex

Represented a client in its closing of a $31.9 million loan for the construction of a long-term care facility in Wellington, Florida and a $13.9 million loan for the construction of 120-bed skilled nursing facility in Lutz, Florida, both under the HUD’s 232 Lean Program

Education

Law School

University of Louisville, Louis D. Brandeis School of Law, J.D., 2002

Graduate School

University of Louisville, M.B.A., 2002

Undergraduate School

Bellarmine College, B.S., Mathematics/Actuarial Sciences, 1996, cum laude

Bar Membership

Brian is licensed to practice in the following state(s):

Kentucky, 2003

Recognition

Local & National Recognition

The Best Lawyers in America®, Construction Law and Real Estate Law, 2015-2019

Senior Articles Editor, Brandeis Law Journal

Honorable Mention All American – Golf, 1993

Affiliations

Professional Affiliations & Memberships

Kentucky Bar Association

Louisville Bar Association

Civic Activities

Civic & Charitable Organizations

Board Member, Louisville Sustainability Council

Member, Saint Agnes Worship Committee

Counsel to the Kentucky Clean Fuel Coalition

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