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Counseling, Permitting and Transactional Support

Shipman & Goodwin’s environmental attorneys routinely provide business and compliance counseling, permitting and transactional support on key federal and state environmental, health and safety requirements to clients in various industries, including construction, business and finance, healthcare, education, energy, insurance, manufacturing, specialty chemicals, maritime and real estate.

With respect to environmental counseling, we assist clients in working with federal, state and local governmental agencies regarding regulatory compliance and environmental permitting, as well as in connection with financing, environmental insurance and related environmental issues in business and real estate transactions.  We have broad experience navigating the regulatory aspects of contaminated properties, including urban sites and brownfields, hazardous waste management and remediation, property transfer laws (such as the Connecticut Transfer Act and the New Jersey Industrial Site Recovery Act), and underground storage tanks.  We counsel lending institutions, developers and property owners on matters involving site assessments, environmental auditing, reporting, record keeping and other compliance obligations under various programs governing asbestos, lead, PCBs, mold and other environmental, health and safety (EHS) issues.  We manage client risk and regularly develop tailored environmental insurance products for our clients as part of their overall risk management strategy.

As part of our permitting practice, we assist clients with identifying, managing, applying for and/or transferring state and federal environmental permits and securing other regulatory approvals, licenses and registrations necessary for our clients’ business needs.  Our multidisciplinary team is experienced in guiding applicants through the regulatory and administrative process, including through contested cases and, when necessary, litigation and appeals.

As a cornerstone of our practice, we provide guidance on all major federal and state environmental programs, including solid and hazardous waste, coastal zone management, tidal and inland wetlands and watercourses, water quality, stormwater management, pesticides, and ambient and indoor air quality.  Our environmental attorneys regularly practice under the National Environmental Policy Act (NEPA); Clean Water Act (CWA); Clean Air Act (CAA); Occupational Safety and Health Act (OSHA); Resource Conservation and Recovery Act (RCRA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Emergency Planning and Community Right-to-Know Act (EPCRA); Toxic Substances Control Act (TSCA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Safe Drinking Water Act (SDWA); Oil Pollution Act (OPA); Asbestos Hazard Emergency Response Act (AHERA); and state analogs.  Our experience in these areas has resulted in established and respected relationships within all levels of federal and state EHS agencies.

In addition, our attorneys have experience in the area of climate change, providing strategic advice to insurance and energy clients regarding potential risks and opportunities associated with global warming, as well as advising on environmental disclosure obligations under Regulations S-K of the U.S. Securities Act of 1933 and other required public disclosures. 

An integral aspect of our work involves assisting clients in all phases of transactional support for real estate, corporate (mergers and acquisitions/divestitures) and energy deals -- from before the deal is on the table to after the deal has closed -- including:

  • Conducting transactional due diligence and counseling
  • Negotiating the allocation of environmental liability and deal terms for other EHS-related issues
  • Identifying and evaluating environmental compliance and permitting issues
  • Working closely with environmental consultants to protect the client’s interests
  • Developing, negotiating (manuscripting) and implementing bespoke environmental insurance programs to creatively manage risk in the context of the deal
  • Assisting with post-closing environmental issues/integration, as appropriate

Experience

Environmental Litigation
Successfully Resolved RCRA Violations for Insecticide Manufacturer in North Carolina
Advised Manufacturer Regarding Diesel Fuel Additive Standards
Environmental Insurance for Brownfield and Transfer Act Projects
Other
Successful Acquisition and Land Use Approvals for New Haven Hotel Development
Closing of Commercial Real Estate Mezzanine Financing Loan Origination
Significant Ruling Clarifies Scope of Environmental Regulation
Environmental Remediation of Contaminated River and Property
$203 Million Financing for University Health Ambulatory Care Center
$1 Billion Public/Private Urban Renewal Project
$18.6 Million Development of a Green Parking Facility
Purchase and Redevelopment of Approximately 400 Acres of Property in the Town of Preston, Connecticut
Defended Automobile Manufacturer From CERCLA, RCRA Claims
Wetlands Regulation
Downtown New Haven Relocation of Gateway Community College
Represent Real Estate Development Firm in $20 million Acquisition and Lease of 33-acre Former Clairol Hair Care Products Manufacturing Facility
Application for a CPCN for a Water System
Environmental Issues and Risks Evaluations for Commercial Properties
Obtained Transfer of Wetlands and Sewer Appeals
Zoning Relief and Land Use Approvals for New Haven Transit-Oriented Development
Permitting and Siting of Biodiesel Production Facility
Environmentally Contaminated Property Remediation Dispute
Obtained Permits for Region's Largest Ash Disposal Facility
$500 Million Adriaen's Landing Redevelopment Project
Connecticut Transfer Act
Acquisition of Potable Water for Condominiums
Water Rights Injunction
Indoor Air Quality, Mold and Asbestos Compliance
$120 Million Hartford Development "The Learning Corridor"
Connecticut Property Transfer Act Remediation
Wastewater Permitting Compliance
Negotiated a Complex Contract for Electricity Supply Services Resulting in $32,000,000 in Savings
Water Pollution Control Authority Counsel
Obtained Sewer Extension and Connection Approval
Environmental Compliance
Environmental Counsel to $1.6 Billion "Utopia Studios" Development
Installation of Water System
Lender Protections
Environmental Compliance Advice

Publications

October 13, 2015  EPA Proposes Long-Awaited Rule Addressing Management of Hazardous Waste Pharmaceuticals by Healthcare Facilities
September 17, 2015  A Busy Summer for Environmental and Land Use Law
June 26, 2015  More Stringent "Significant Environmental Hazard" Reporting Requirements to Take Effect July 1, 2015
November 4, 2014  The Connecticut Transfer Act and Connecticut Environmental Remediation Programs Update
October 2014  Revisions to Connecticut Transfer Act: Connecticut Environmental Law Handbook Chapter Five, Matters Affecting Business and Real Estate Update
February 26, 2014  Make Tenant That Controls Its Space Responsible for Mold Issues
June 18, 2013  Environment, Energy and Land Use Legislative Update
June 6, 2013  Environment, Energy and Land Use Legislative Update
June 5, 2013  Business and Legal Implications for Environmental Consulting Firms
May 30, 2013  Environment, Energy and Land Use Legislative Update
April 22, 2013  Environment, Energy and Land Use Legislative Update
April 8, 2013  Environmental 'Sandbagging' In Corporate Transactions
March 5, 2013  Sandbagging & Environmental Issues in Corporate Transactions
February 25, 2013  Environment, Energy and Land Use Legislative Update
January 11, 2013  Environment, Energy and Land Use Legislative Update
October 18, 2012  Lending on Contaminated Properties: Using Environmental Insurance to Manage Environmental Risks & Get the Deal Closed
May 10, 2012  Environment, Energy and Land Use Legislative Update
April 27, 2012  Environment, Energy and Land Use Legislative Update
April 2012  U.S. Coast Guard Ballast Water Discharge Rule: New Requirements and Risks
April 9, 2012  Redeveloping Brownfields: The Need for Risk Transfer Strategies
April 2, 2012  Shoreline Preservation Panel Battles The Elements
March 16, 2012  Environment, Energy and Land Use Legislative Update
February 8, 2012  Environment, Energy and Land Use Legislative Update
June 28, 2011  DEP Completes Hearing on Draft General Permit for the Discharge of Stormwater and Dewatering Wastewater from Construction Activities
June 9, 2011  Environment, Energy and Land Use Legislative Update
May 26, 2011  Environment, Energy and Land Use Legislative Update
April 20, 2011  Environment, Energy and Land Use Legislative Update
March 28, 2011  Environment, Energy and Land Use Legislative Update
February 4, 2011  Environment, Energy and Land Use Legislative Update
May 10, 2010  Environment, Energy and Land Use Legislative Update
April 21, 2010  Environment, Energy and Land Use Legislative Update
March 29, 2010  Environment, Energy and Land Use Legislative Update
March 5, 2010  Environment, Energy and Land Use Legislative Update
February 19, 2010  Environment, Energy and Land Use Legislative Update
January 29, 2010  Environment, Energy and Land Use Legislative Update
October 6, 2009  2009 Environmental, Energy and Land Use Public Act Summaries
August 21, 2009  Legislature Establishes Remediation Deadlines Under Connecticut Transfer Act
June 4, 2009  Environment, Energy and Land Use Legislative Update
April 20, 2009  Environment, Energy and Land Use Legislative Update
March 30, 2009  Environment, Energy and Land Use Legislative Update
February 5, 2009  Environment, Energy and Land Use Legislative Update
June 24, 2008  Update on Inland Wetlands Caselaw in Connecticut
May 12, 2008  Environment, Energy and Land Use Legislative Update
April 29, 2008  Environment, Energy and Land Use Legislative Update
April 14, 2008  Environment, Energy and Land Use Legislative Update
February 29, 2008  Environment, Energy and Land Use Legislative Update
February 2008  Connecticut's Aquifer Protection Program Governs a Wide Array of Business Activities
February 12, 2008  Environment, Energy and Land Use Legislative Update
May 17, 2007  Environment, Energy and Land Use Legislative Update
January 17, 2007  Environment, Energy and Land Use Legislative Update
November 17, 2006  DEP's New Aquifer Protection Regulations
August 11, 2006  Environment, Energy and Land Use Legislative Update
March 30, 2006  Environment, Energy and Land Use Legislative Update
March 1, 2006  Aquifer Protection: Coming to a Town Near You
March 8, 2006  Environment, Energy and Land Use Legislative Update
Winter/Fall 2005  Striking a Balance in Connecticut between Economic Growth and Environmental Protection: A Tale of Two Towns and the Yale Farm Golf Course
July-September 2004  The Key Word is 'In': A Summary of the Legislature's Amendment to the Inland Wetlands Act
September 1, 2003  Shifting the Battlefield: Recent Changes in Federal Wetlands Policy
July 24, 2003  Environmental Concerns for Developers: Wetlands
July 1, 2003  Environmentally-Driven Zoning Law
August 9, 2002  Congress Seeking to Restore Brownfields
April 1, 2002  Update on the Law of Wetlands, Vernal Pool Species and Aquifer Protection Areas in Connecticut
2000  Connecticut Environmental Law Handbook, First - Fifth Edition
May 2000  A Critical Evaluation of the Development and Implementation of Forest Preservation Strategies

Events

May 4, 2017  What LEPs Should Know About the Transfer Act
April 22, 2017  International Municipal Lawyers Association 2017 Mid-Year Seminar - Land Use: Environmental Insurance
February 23, 2017  Webinar: Environmental Considerations for the Commercial Real Estate Practitioner - The Connecticut Transfer Act
November 15, 2016  Connecticut Conference of Municipalities Annual Convention
April 21, 2016  The Evolution of Waste Sites: From Industrial Dreams to Wastelands to Valuable Brownfields
March 19, 2016  2016 Annual Connecticut Land Conservation Conference
October 28, 2015  Real Estate Board of New York Environmental Forum
October 14-15, 2015  2015 Natural Resources Symposium
June 24, 2015  CAMA Annual Meeting
April 24, 2015  2015 LANDS Roundtable & Workshop
March 4, 2014  School Construction Projects: Managing the Risks, Controlling the Costs
June 5, 2013  Webinar: Business and Legal Implications for Environmental Consulting Firms: Lessons Learned from the Stratus/Chevron Ecuador Debacle
March 20, 2013  Environmental Insurance: Closing Coverage Gaps-Turning Swiss Cheese into Cheddar
November 14, 2012  Environmental Considerations For the Residential and Commercial Real Estate Practitioner
November 10, 2010  Environmental Considerations in Business and Real Property Transactions: Highlighting the Connecticut Transfer Act
April 1, 2010  Wetland and Environmental Update
October 7, 2009  DEP's Proposed Electronic (E-Waste) Regulations; and a Review of Environmental Legislation Effective October 1st
April 24, 2009  Connecticut Watershed Conservation Network Conference
February 26, 2009  Laws, Regulations and Policies Relating to Connecticut Licensed Environmental Professionals
June 3, 2008  CBIA Environmental Conference
May 28, 2008  Environmental Legislation 2008
January 18, 2008  CBIA Environmental Policies Council Monthly Meeting
June 7, 2007  Large Scale On-site Sewage Treatment and Disposal Systems
October 25, 2006  Connecticut Environmental Law Compliance Course
October 19, 2006  Commercial Real Estate Financing in Connecticut: : Environmental Considerations in Business and Real Property Transactions
June 7, 2006  Environmental Law Legislation
January 5, 2006  Update on the Law of Wetlands
October 5, 2005  Environmental Law Legislation
April 12, 2005  Environmental and Land Use Legislative Update
October 25, 2004  Connecticut Environmental Laws & Regulations
June 9, 2004  2004 Environmental Legislation
June 7, 2004  New Connecticut Department of Environmental Protection Aquifer Protection Regulations
June 3, 2004  Recent Supreme Court Wetland Decisions and Legislation
May 27, 2004  Wetlands, Wildlife and Public Act 04-209
May 13, 2004  Overview of Final Connecticut Department of Environmental Protection Aquifer Protection Regulations
May 13, 2004  DEP's New Aquifer Protection Regulations
April 29, 2004  Environmental Issues You Need to Know for Today's Successful Land Use Practice
March 19, 2004  Water Resources and Section 22a-19 Environmental Interventions

Primary Contact

Related Practice Areas

Connecticut's Brownfield Program Provides Incentives for Development

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