Contaminated Properties

When the specter of contaminated property appears, effective legal advice regarding minimizing liability is critical. The Environmental Practice Group represents clients evaluating properties with potential contamination, as well as clients seeking to remediate property pursuant to governmental enforcement or pursuant to the Brownfield Cleanup Program, and with respect to litigation arising out of contaminated properties. The Firm’s representative experience includes:

• Advising clients with respect to all aspects of New York’s Brownfield Cleanup Program, including admittance, compliance, maximization of tax credits, and related issues.
• Assist clients with admittance into BCP and amendment of BCA.
• Work with clients and consultants on various BCP sites on compliance with BCP remediation obligation, including review of work plans, strategy on cleanup, and DEC negotiations.
• Oversee brownfield cleanup of large site with substantial and varied contamination, including advising client regarding existing consent orders and timing of remediation with aggressive construction schedule.
• Manage remediation of inactive hazardous waste, RCRA or other contaminated properties pursuant to Consent Orders or other governmental directive.
• Represent parties in complex multi-party litigation in relation to CERCLA, RCRA, State Superfund and Oil Spill liability.
• Defense and prosecution of cost recovery actions related to federal and state mandated soil and groundwater remediation arising out of petroleum, hazardous substances, and other spills.
• Represent property owner in simultaneous multi-party arbitration and federal court matter disputing liability for CERCLA and RCRA permitted site.
• Negotiate and settle State Navigation Law (Oil Spill) collection actions.
• Provide legal advice regarding potential inherited liability, including necessity for and contents of Phase I and Phase II, as well as strategy for purchase, sale and/or remediation of property resulting from same.
• Ensure environmental liabilities are properly addressed in purchase and sale agreements and other contracts.
• Review due diligence requirements related to environmental contamination and perform due diligence investigations.
• Represent clients regarding asbestos abatement, lead analysis and other health and safety issues.