Transactions, Brownfields and Remediation

The purchase or sale of contaminated properties or facilities conducting regulated activities requires close attention to the allocation of environmental liabilities. Our representation encompasses working with real estate and corporate lawyers to advise clients on the environmental aspects of real estate transactions and corporate acquisitions. In the course of these transactions, we draft and negotiate contractual provisions between purchasers and sellers and evaluate the use of environmental insurance to minimize the risks of unanticipated environmental conditions or remediation costs. We assist clients in designing and performing environmental due diligence and in assessing environmental risks to determine whether to finalize a purchase or acquisition. We help clients to secure protection from environmental liabilities under federal and state laws, including Superfund and the Pennsylvania Land Recycling and Remediation Standards Act (Act 2). We counsel clients on the transfer of permits and other steps necessary to remain in compliance with environmental laws following the purchase of a facility. When clients undertake environmental remediation, we advise them on the legal options for selecting the remedy and the legal requirements governing performance of the remedy. We counsel clients on the legal requirements for the use of engineering and institutional controls and on the drafting of environmental covenants. We work with regulatory agencies to minimize the regulatory burdens on clients performing remediations. Where cleanups are performed pursuant to consent decrees or other legal instruments, we handle the legal aspects including negotiation with governmental agencies, drafting of the settlement instruments, drafting of contracts with consultants and contractors to implement the remedy, and advising clients regarding regulatory requirements including reporting, monitoring and operation and maintenance.