Due Diligence, Redevelopment & Remediation
Due Diligence for Corporate, Real Estate and Lending Transactions
Our attorneys have deep experience in the environmental and OSHA aspects of corporate transactions, providing counseling in every stage of due diligence: performance of Phase I and Phase II site assessments and investigations, compliance audits, risk assessment, drafting and negotiating disclosure schedules and contract language, permit transfers, plant shutdowns, contractual transfer of liabilities, obtaining insurance, and post-closing compliance.
Our clients include buyers, sellers, lending institutions and developers, and are drawn from a wide range of industries and business interests.
Brownfield Development and Voluntary Cleanups
We have extensive experience in Brownfields development and voluntary cleanups and have overseen the issuance of “No Further Action” letters, covenants not to sue, and end letters” for hundreds of sites. We have also successfully obtained Prospective Purchaser Agreements and Covenants Not to Sue for the prospective purchase of impaired properties. Our experience includes sites with landfills, heavy metals contamination, solvent contamination, explosives, PCBs, asbestos and numerous other types of contaminants in soils and groundwater. We are valued for our creative and efficient strategies for addressing challenging sites.
Remediation of USTs, Soils and Groundwater
As our clients become involved in the cleanup and remediation of impaired or contaminated properties, we counsel them on a variety of matters, including decisions on whether to conduct investigations, the scope thereof, whether to report the results or testing to regulatory authorities, appropriate cleanup, standards, strategies for dealing with former owners and operators, and financial strategies, including whether to pursue funding from State and local governments, pursue insurance claims, or obtain insurance coverage. We are zealous advocates of our clients’ interests in all efforts to address issues associated with impaired properties.
The firm’s experience in the waste disposal industry, brownfield development, state voluntary cleanup programs, lead-based paint remediation, risk-based corrective actions, asbestos remediation, dry-cleaner remediation and all aspects of underground storage tank remediation provides a strong platform of experience and knowledge for helping to guide clients through the remediation process.
In addition to counseling clients on remediation processes, we assist in the selection and oversight of consultants, environmental engineers and other experts. Our attorneys work to obtain brownfield grants and take advantage of tax incentives for impaired-property cleanups. We negotiate prospective Purchaser Agreements and Covenants Not to Sue as well as No Further Remediation Letters and corrective-action and remedial-action completion approvals. We have experience across the country with federal and state regulatory programs for voluntary as well as “non-voluntary” cleanups.