Hawkins Delafield & Wood LLP specializes in solid waste management legal services, and has a substantial nationwide practice in this field.  Our experience extends from collection and disposal services to development, construction and operation of solid waste disposal facilities. These facilities  include recycling, composting, co-composting, sewage treatment, bulky waste, transfer station, hazardous waste, waste-to-energy and landfill facilities. We know the legal, environmental, financial and vendor market factors which must be addressed in order to implement each type of environmental facility, including environmental liability, landfill closure, health risk, energy generation, contract procurement and negotiation, finance, securities law, tax and litigation matters. 

Our central involvement in a wide range of transactions spanning 25 years also has given us the background necessary to offer clients highly practical advice and judgments as to planning, procurement, structuring, credit, business climate, and timeline issues.  As we have consistently demonstrated, Hawkins Delafield & Wood LLP can contribute whatever expertise and resources are necessary for a successful project or transaction.  The Firm attributes its market leadership position to a flexible, determined and results-oriented approach grounded on a strong record of experience and achievement.

The Firm’s attorneys have been involved in solid waste management project and transaction development at all stages, including planning reviews, preparation of environmental and health impact statements, legal and implementation studies culminating in requests for qualifications and requests for proposals, negotiations with system vendors, municipal system participants, franchise haulers and energy and materials customers, negotiations with state governments for construction assistance grants, contract drafting and review, drafts of plans of financing and legislation, reports to rating agencies and bank management as to credit and feasibility issues, analyses for state and local government as to public policy issues, and all documentation associated with construction, operation and service arrangements and securities offerings.  The Firm also has extensive experience in seeking judicial enforcement of executed construction and service contracts, and in effectuating the sale of ownership of constructed waste disposal projects in leveraged lease transactions.

Waste-to-Energy Facilities
Waste-to-energy facilities process or combust solid waste and produce a useful fuel or energy product.  The Firm has advised clients on all elements of development, procurement, negotiation and financing of waste-to-energy facilities, including review of feasibility analyses.  These facilities have generated refuse derived fuel, steam and electricity as the energy product.  The Firm advises clients on the benefits and drawbacks of various ownership structures, such as private ownership compared to governmental ownership, and various service arrangements. The Firm has represented clients on over 55 waste-to-energy facilities in over 15 states.

Landfills 
The Firm has acted as bond counsel and underwriters’ counsel in the financing of numerous municipal landfills throughout the country.  Projects have included new landfill development and construction, construction of new cells within an existing landfill, and financing costs of closing existing landfills. 

Landfill Leases; Air Rights Acquisitions
The Firm has represented municipalities acquiring landfill capacity or air rights in private landfills.  In some instances we assisted in structuring acquisitions as a depreciable capital asset and therefore eligible for tax-exempt financing.  The Firm has also represented municipalities seeking to lease a municipal landfill to the private sector.  In such cases we address issues such as environmental liability, establishing trust funds for landfill closure, closure and post-closure maintenance, rights of the municipality to use of the landfill for municipal solid waste, operations becoming a public nuisance, and numerous other issues.

Collection, Recycling and Disposal Services
Hawkins has assisted numerous municipal clients in procuring and negotiating various contracts for collection, recycling and disposal services. 

Recycling and Materials Recovery Facilities
The Firm has represented clients in procurements of materials recovery facilities for various recyclable materials, including paper, glass, plastic and metal.  Assistance included development of requests for proposals, preparation of proposed contracts, negotiation of contracts and acting as counsel in connection with the financing of the facility.

Biosolids Processing
Hawkins has represented clients in procurements of biosolids processing facilities for the products of wastewater treatment plants.  Assistance included development of requests for proposals, preparation of proposed contracts, negotiation of contracts and acting as counsel in connection with the financing of the facility. Unique contract requirements developed by the Firm include end-product quality and marketing guarantees by the private sector operator.  Such guarantees ensure that the end product is safe and does not end up being landfilled.

Landfill Gas Recovery
In connection with landfill operations, we have assisted clients in developing and implementing public-private partnerships for the collection, processing and marketing of landfill gas in municipal landfills.  Such projects both facilitate operation of the landfill in compliance with current laws and generate revenues from the sale of a useful product.