Federal Grants for Green Projects: Find, Secure, and Maximize Opportunities with Legal Counsel

Federal government efforts to combat climate change present opportunities for forward-thinking nonprofits, restoration enterprises, and local governments. But securing and managing federal grants through the landmark Bipartisan Infrastructure Law and other programs can be complicated and time consuming. Whether your enterprise is seeking funding for environmental conservation, natural resource projects, or infrastructure improvements, the need for meticulous planning and compliance is paramount. Legal counsel can and should be your partner in meeting these challenges. By considering legal needs up front before you apply for grant funding, you can set your organization up for success.


Legal Counsel: Your Compliance Partner

Experienced legal counsel can help your organization target grant opportunities that are timely and achievable. They can offer strategic guidance on the nuances of grant writing and budgeting. And legal counsel can play a multifaceted role in ensuring seamless grant administration:

  1. Compliance Assurance: Deciphering and ensuring adherence to federal regulations and grant terms, mitigating the risk of compliance-related setbacks.

  2. Risk Management: Identifying potential pitfalls and developing strategies to mitigate liabilities, they safeguard organizations from unexpected legal challenges.

  3. Contract Review and Negotiation: Reviewing and negotiating contracts to ensure alignment with organizational objectives and protect interests.

  4. Policy Development: Contributing to policy drafting, legal counsel ensures alignment with federal regulations and internal policies.

  5. Dispute Resolution: Should conflicts arise, navigating negotiations or litigation, protecting the organization's rights.

Allocating Legal Counsel Costs in Your Grant Application

Integrating legal counsel costs into your grant application not only acknowledges the importance of compliance but also secures the necessary resources to navigate the legal intricacies. These costs can be reflected in the grant budget in several ways:

  1. Direct Cost Line Item: Allocate a specific portion of the budget for legal counsel services crucial for project implementation or compliance, in line with 2 CFR §200.413.

  2. Indirect Costs or Overhead: Align with 2 CFR §200.414, including a portion of indirect costs to cover administrative expenses, which might encompass legal services.

  3. Agency-Specific Guidelines: Adhere to EPA or NOAA guidelines, designating funds for legal services as per grant-specific regulations.

  4. In-kind Services: Highlight pro bono or discounted legal services in the application, reducing cash needs from grant funds.

  5. Prior Approval and Justification: Justify the necessity of legal counsel costs, seeking prior approval as per 2 CFR §200.407, emphasizing their importance for project success.

Conclusion

Grant administration, especially within the evolving landscape of environmental and infrastructure projects, demands a nuanced approach to compliance and risk management. By incorporating legal services into grant applications, organizations not only navigate complexities but also gain a competitive edge in ensuring seamless project execution and compliance.

Partnering with legal counsel isn't just an investment in compliance; it's a strategic move toward successful grant acquisition and administration.

--Jennifer Wazenski

Watershed Legal Counsel advises nonprofit and for-profit enterprises and local government in environmental and natural resources matters, including projects and initiatives funded by state and federal grants. Founder Jennifer Wazenski is a Maryland attorney who has practiced environmental and natural resources law since 1991. She served as Principal Counsel to the Maryland Department of Natural Resources from 2013 through 2021, and, prior to that, Deputy Counsel to the Maryland Department of the Environment.

Disclaimer: Attorney advertising. The information provided at this site is for general purposes only. 

It is not, nor is it intended to be, legal advice.

© 2023 Watershed Legal Counsel. All rights reserved. Image credit: Dall-E3.
Location: Annapolis, MD, USA

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