Environmental Law

Brownfield Remediation & Redevelopment

Before redeveloping an environmentally impacted property, you need to know the potential environmental risks and benefits. Avoiding regulatory issues requires a thorough understanding of the challenges that lie ahead. You should also be familiar with government incentives and risk allocation vehicles that encourage beneficial reuse.

Our nationally recognized environmental lawyers combine a deep knowledge of environmental statutes and regulations with extensive transaction and litigation experience to provide you with practical guidance. We will work closely with you to help define your business objectives and develop legal and business strategies and solutions that advance your agenda. From decades of experience, we know that risk management strategies must fit the specific circumstances, including the magnitude of risk, the importance of precedent, and relationships among the stakeholders.

Quick Facts

  • Frequently consulted by regulators and trade associations on cutting-edge issues
  • Senior lawyers include two former general counsel of government agencies
  • Environmental permitting for recent infrastructure projects involving more than $1 billion in capital investments
  • Recent litigation includes amicus position largely adopted by US Supreme Court in CERCLA litigation
  • Represented sellers, purchasers, and redevelopers of environmentally impacted properties in New England and across the United States
  • Significant experience in determining, explaining, and negotiating terms for allocating environmental risks.
  • Nationwide practice known for cost-effectively managing the convergence of property transfer, remediation, and financing

Areas of Focus

  • Brownfield reimbursement programs
  • Department of Housing and Urban Development financing
  • Environmental assessment and remediation strategy
  • Environmental insurance
  • Impact of changing environmental laws on real estate and other business transactions
  • Other financing options
  • Securing tax advantages
  • State and Environmental Protection Agency loans and grants
  • State and federal permit requirements

Rankings & Recognitions

  • Chambers USA: practice recognized every year since the guide’s inception
  • Attorneys listed in Best Lawyers in America, Guide to the World’s Leading Environmental Lawyers, and Which Lawyer? Yearbook
Case Study: Brownfield Remediation for National Retail Client

Represent a national retail client in 40 US states in connection with acquiring, remediating, developing, and selling contaminated properties. Work includes negotiating cleanup responsibility among sellers, landlords, and other responsible parties against the background of state environmental statutes — including the New Jersey Site Remediation Reform Act — and working with responsible third parties and their attorneys and environmental consultants, the client’s environmental consultants, and state and federal environmental agencies.

Representative Experience

  • Represented a property owner in New York City in developing a remediation plan acceptable to the state environmental agency and allowing cost-effective redevelopment while simultaneously recovering costs from several companies that formerly were operators and owners of gasoline stations and underground storage tanks at the property.
  • Secured local and state approvals for transit-oriented housing redevelopment of a historic waterfront industrial site in Salem, Massachusetts, on behalf of a major national rental apartment developer. The project involved significant coordination with the Massachusetts Bay Transportation Authority (MBTA) and the Massachusetts Highway Department to implement project pedestrian, bicycle path, and other waterfront recreational amenities integrated with the adjacent MBTA North Shore commuter rail line and station on one project boundary and a bypass road on the other project boundary.
  • Represented a global biopharmaceutical manufacturer in connection with the acquisition of a portion of a former military base located in Devens, Massachusetts, for the construction of a large-scale, multiproduct bulk biologics manufacturing facility. This new facility led to the creation of approximately 550 jobs.

Representative Clients

  • CVS Health Corporation
  • General Electric Company
  • Nestlé Waters North America
  • Northeast Utilities Systems
  • Spectra Energy Corp.