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.
Save as PDF
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