Leading the way since brownfields awareness first arose two decades ago, our Environment and Natural Resources Group has assisted private developers, public entities, financial institutions, and other interested parties in hundreds of matters in which contaminated property has been restored and redeveloped. Our attorneys have been at the forefront throughout the last generation, originating forms of agreement language, working through issues identified in environmental and health risk assessments, and writing and speaking generally on managing the spectrum of liability and business risks associated with brownfields projects.

Our experience includes:

  • Helping clients satisfy obligations and qualify for environmental liability protections as they redevelop brownfields, particularly under state voluntary cleanup programs
  • Representing clients facing other regulatory impediments to reuse projects
  • Advising on brownfields incentives programs

NEPA and other Regulatory Issues

Even as the first decade of the new millennium closes, the National Environmental Policy Act of 1970 (NEPA) and its requirement that federal agencies prepare environmental impact statements (EISs) pose challenges for our clients. We are fully experienced in representing clients on NEPA compliance issues and in representing project proponents in litigation against NEPA-based challenges.

Brownfields Incentives Programs

We have represented developers and lenders on qualifying for special public financial assistance incentives and tax abatement opportunities for brownfields transactions. Local, state, and federal incentives are often available for brownfield redevelopment, and municipalities may offer favorable treatment during the land use and development approval process. We have navigated this maze in many contexts for varying projects, including the first project to qualify for brownfield redevelopment tax credits in Maryland and a HOPE VI development in New Jersey.