Brian D. Zoeller
Brian is a member of the firm's Real Estate Practice Group and leads the firm's renewable energy industry team. He regularly advises clients in the acquisition, sale, development, financing and leasing of commercial real estate projects, including renewable energy facilities, industrial warehouses, multi-family facilities and health care facilities.
In connection with his renewable energy practice, he has advised clients on the development anaerobic digester facilities, landfill gas to energy projects, utility scale solar projects and lagoon biogas 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 PACE programs in other states. He has also worked on the development of CNG fueling stations and fleet conversion to CNG.
Additionally, 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 IT and Compliance Departments, where he managed the implementation of several key components of Kindred Healthcare's Corporate Integrity Agreement.
Advising clients on the procurement of renewable natural gas for reduction of Scope 1 carbon emissions.
Local counsel on multiple utility-scale solar projects in early development stage, including advising on land use, state and local tax and permitting with the PSC Siting Board.
Advising global company on its process to identify a renewable solution for its thermal energy needs for its U.S. manufacturing and distribution facilities that resulted in a 15-year renewable natural gas offtake agreement for gas processed at the Big Run Landfill in Ashland, KY.
Counseling a developer on its project at a Texas hog farm that is capturing biogas from the manure lagoon, processing the gas and injecting renewable natural gas into the interstate pipeline.
Advising a client on a high BTU landfill gas to pipeline project in western KY, including negotiations with related to interconnection, capital sources and offtake partners.
Advising clients on various aspects of multi-family and senior housing development projects.
Representing a real estate development company in the leasing and permanent financing of multiple large industrial warehouses.
Procured separate $2.1 million tax incentive packages under IEIA for the development of two, anaerobic digester facilities in Louisville, Kentucky.
Represented Kentuckiana Cleanful in the procurement of a $2.32 million CMAQ grant for the development of three CNG fueling stations and the procurement of tax incentive packages of $500,000 and $400,000 under the Incentives for Energy Independence Act for the construction of two compressed natural gas fueling stations.
Represented a regional recycling company in the divestiture of its St. Louis, Missouri, and Nashville, Tennessee, operations to publicly traded waste management companies.
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 a skilled nursing facility in Lutz, Florida, both under the HUD's 232 Lean Program.
Represented Home Quality Management in the sale of 62 nursing facilities to Signature HealthCARE.
Highlights & Recognitions
- 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
Memberships & Affiliations
- Kentucky Bar Association
- Louisville Bar Association
Civic & Charitable Organizations
- Board Member, Louisville Sustainability Council
- Member, Saint Agnes Worship Committee
- Counsel to the Kentucky Clean Fuel Coalition
Non-FBT Publications and Events
"Kentucky House moves to regulate methane plants," By Phillip M. Bailey, The Courier-Journal, March 23, 2016
"Another methane tank sought at West End site," By Phillip M. Bailey, The Courier-Journal, November 24, 2015
"STAR Bioenergy: Simmons College, KY. State University to share west Louisville distillery building," By Caitlin Bowling, Insider Louisville, November 11, 2015
"Battle rages on between those for and against methane plant in west Louisville," By Caitlin Bowling, Insider Louisville, October 21, 2015
"Safe, Waste-Reducing, Renewable Energy Generator," By Marla Koetter and Keith Hackett, Forum, The Courier-Journal, October 11, 2015
"Biofuel Company Moves Forward With West Louisville Outreach Plans, But Concerns Linger," By Ashley Lopez, WFPL News, September 24, 2015
"Food Port backers blasted at community meeting," By Connie Leonard, Wave 3 News, September 20, 2015
"West Louisville residents 'don't want to be guinea pigs' for proposed alternative energy project," By Caitlin Bowling, Insider Louisville, August 7, 2015
"Biodigester sparks concern in West End," By Jere Downs and Gina Kim, The Courier-Journal, August 7, 2015
"Frustrations erupt at community meeting about West Louisville projects," The Lane Report, August 7, 2015
"Woolridge wants food hub's methane plant halted," By Gina Kim and Phillip M. Bailey, The Courier Journal, July 24, 2015
"Fischer: Food Port will change Russell forever," By Jere Downs, The Courier-Journal, May 11, 2015
"State's first methane power plant gets tax aid," By Jere Downs, The Courier-Journal, December 11, 2014
Co-presented with Jay Harf, L'Oréal, "The Global Case for RNG," at the coalitia for Renewable National Gas 2017 Annual Conference
"Solutions through Anaerobic Biodigestion," 40th Annual Governor's Conference on Energy and the Environment, September 21-22, 2016
"Indiana Fleet Owners: Are you considering using CNG for fuel?"