Advising at the intersection of defense, energy, and environment

B&D advises clients on a wide array of issues related to the defense and commercial space exploration sectors, including the development and execution of private sector projects on and around military installations. This work involves assisting clients with negotiating terms of Department of Defense (DoD) leases and easements of DoD property for commercial use, representing companies seeking to partner with DoD on energy and environmental solutions, and providing guidance on compliance with the National Environmental Policy Act (NEPA), National Historic Preservation Act, and Endangered Species Act (ESA) for projects on DoD land.

Our team includes former DoD Deputy General Counsel (Environment, Energy, and Installations), General Counsel of the Defense Nuclear Agency, Chief Legislative Counsel of the Army, and Judge Advocate General attorneys, further strengthening our knowledge of DoD authorities and policies and thus, our ability to navigate these complex matters.

We draw on prior government experience advising top DoD leaders on environmental, energy, and real property issues, representing DoD in major environmental litigation, and providing counsel on and litigating government contract disputes. Several members of our team maintain Top Secret security clearances.

Relevant examples of our work include:

• Representing a large technology client in negotiating and drafting an enhanced use lease for the development and operation of a data center on a military installation.
• Advising a commercial space exploration client on NEPA and ESA strategies for operations on Space Force installations.
• Negotiating and drafting an easement for a client enabling telecommunications infrastructure on DoD property.
• Representing a nuclear energy contractor as a potential intervenor in NEPA litigation.
• Assisting a company in partnering with military departments to provide energy resilience solutions.
• Successfully representing the International Joint Commission in litigation.
• Guiding a mining company in obtaining DoD grants.
• Counseling a Fortune 100 company on national security issues.
• Advising a real estate developer client on resolving Army liability for groundwater contamination through DoD’s Readiness and Environmental Protection Integration Program.