Attorneys in McCarter & English's Environmental Practice Group have broad experience helping clients – including property owners, developers, lenders, financial institutions and economic development agencies – address the complex environmental issues arising out of the sale, purchase and redevelopment of brownfield properties. Redevelopment Team Members drawn from the Environmental Group have a full understanding of all facets of environmental law, having served as counsel to environmental regulatory agencies including the United States Environmental Protection Agency. They regularly write and lecture on environmental law and insurance, and serve on numerous prestigious committees on the environment, redevelopment and urban policy.
The Group's attorneys regularly conduct environmental reviews and due diligence, and also prepare and negotiate property acquisition, financing and indemnification/hold harmless agreements and contracts for fixed-price remediation work. Because they are knowledgeable about insurance products which might underwrite or act as cap insurance on redevelopment deals, Environmental Group attorneys are able to obtain manuscript policies affording cleanup cost and liability coverage for brownfield sites. These can be an important element of a redevelopment project.
Environmental Group members are experienced in negotiating with governmental officials to obtain approval of prospective purchaser agreements and memoranda of understanding, site remediation plans, cleanup cost reimbursement arrangements and other financial assistance and tax credits for projects undertaken on brownfield properties, through the regulatory programs of the EPA, NJDEP and NYCDEC.
The Group's primary objective is to assist the client in identifying and resolving the challenging legal issues that are associated with the ownership and redevelopment of contaminated property, in a manner that permits the Client to accomplish his strategic goals while simultaneously managing risk.