Redeveloping contaminated brownfield, or potentially contaminated, properties presents both challenges and opportunities to property owners and redevelopers, as well as their investors, lenders, and future tenants or buyers.
Our seasoned team of environmental attorneys have the tools to swiftly assess risk profiles and spot issues early-on.
Ripe for redevelopment
An increasingly competitive commercial real estate market coupled with encouragement from federal and state governments to clean up and repurpose brownfields has positioned these locations as desirable redevelopment opportunities. The stakes are high and the players that succeed must be nimble, informed, and ready to take on reasonably managed and mitigated risk. We help our clients develop practical risk management strategies and make well-informed judgement calls.
We negotiate smartly and stay apprised of changing laws to provide guidance through the life cycle of any project, both large and small.
We Help With
- Undertaking robust and sophisticated environmental diligence, harmonizing remediation risk, liability, and timing, with site-specific land use issues (such as flood zones and land use permitting) and construction and occupancy timelines
- Developing risk characterization profiles, risk mitigation and management strategies, and public relations management plans
- Identifying and applying for funding sources such as state and federal grants, low-interest loans, tax credits, and other financial incentives
- Negotiating liability protections with regulators
- Analyzing feasibility of remediating property to accommodate planned future use
- Pushing for cost-effective remedial strategies and integration of remedial action and construction schedules to meet business needs
- Negotiating associated joint venture agreements, purchase and sale agreements, acquisition and construction financing agreements, general contractor agreements, indemnities, guarantees, and other contracts
- Building comprehensive insurance strategy to mitigate environmental risk, such as pollution legal liability policies and Owner-Controlled Insurance Programs
- Analyzing future unknown risks such as regulatory reopeners, change of law, litigation, natural resource damages, and potential Superfund liability
- Negotiating terms and conditions with contractors, consultants, and engineers
- Assisting clients with marketing projects to investors, lenders, regulators, local communities, and insurers
- Real Estate & Corporate Transactions
- Environmental Remediation
- Redevelopment Projects
- Environmental Litigation & Cost Recovery
- Environmental Land Use Permitting
- Environmental Permitting, Regulatory Compliance & Enforcement Defense
- Environmental Insurance
- Business Strategy: Environmental Risk Mitigation & Management
- Climate Change, Renewable Energy & Sustainability
- Environmental Issues in Trust & Estate Planning
- Solid Waste
- Environmental Justice