Environmental Assessment

Our attorneys regularly counsel clients regarding the federal, state and local environmental laws and regulations that impact the conveyance and use of real property, including the use of real property as collateral for a loan.  Our attorneys have extensive experience reviewing Phase I Environmental Assessment Site Assessment reports and advising clients regarding ASTM E1527-13 requirements, the satisfaction of which are necessary to qualify for innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability.  We also have extensive experience reviewing Phase II Environmental Site Assessment reports and counseling clients regarding the potential liabilities associated with the acquisition and divestiture of contaminated properties.  Where proposed acquisition or divestment properties are contaminated, we draft and negotiate purchase, sale and loan agreements designed to mitigate our clients’ potential liability risk to the greatest extent possible.  Our attorneys also regularly work with clients and consultants to develop cost effective strategies to assess and remediate contaminated properties in compliance with applicable environmental laws.  Where appropriate, our attorneys guide clients through the regulatory hurdles of the New York and New Jersey Brownfield Cleanup Programs to secure the tax benefits and liability protections afforded by those programs.