Brownfield Redevelopment and Voluntary Cleanup Programs

We counsel clients on conducting brownfield cleanup to limit liabilities and facilitate transactions to keep projects moving forward. Representative transactions include:

  • The Philadelphia Phillies' new state-of-the-art ballpark on a former industrial and landfill property

  • Redevelopment of contaminated mining sites in and around Salt Lake City for use as ski resorts and of the former Stapleton International Airport in Denver as a neighborhood

  • All of a national retailer's environmentally sensitive store construction in New Jersey and Pennsylvania

  • Campus expansion projects for urban universities, such as the $50 million acquisition of the Philadelphia 30th Street Post Office complex on land with more than a century of heavy industrial use

  • Brownfield transactions in Maryland that established precedents for that state's voluntary cleanup program

  • Redevelopment by a national retailer of a former federal defense facility in Philadelphia that was already the subject of a substantial remediation program

  • Sale of industrial property by a national industrial client for commercial redevelopment

  • Development of a large auto mall in Southern California on a brownfield site

  • Development of build-to-suit big-box warehouse complexes (in excess of one million square feet) on brownfields and other contaminated sites in Newark, East Rutherford, Hackensack, Clifton, Edison, and Cranbury, New Jersey

  • HOPE VI developments in urban infill areas, including sites in Newark, New Brunswick, and Camden, New Jersey

  • Hundreds of other transactions and development projects involving landfills, military sites, manufacturing plants, and other old industrial and contaminated properties

NEPA Matters

  • We were special counsel for the Housing Authority of New Orleans (HANO) in successfully defending the authority against a lawsuit challenging the reconstruction of a public housing project funded in part through the HOPE VI program. Our role focused on defending challenges brought in federal court based on failure to comply with NEPA. We obtained rulings at the district and appellate court levels fully favoring HANO and allowing its project to continue. Our attorneys further succeeded in obtaining a ruling denying certiorari from the U.S. Supreme Court, which had requested briefs from all parties.

  • We represent the local sponsors of the Delaware River Main Channel Deepening Project to allow vessels with drafts up to 45 feet to reach the Ports of Philadelphia and Camden. Certain project opponents have raised questions about the Army Corps of Engineers' compliance with NEPA.