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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
Zoning Relief and Land Use Approvals for New Haven Transit-Oriented Development
Water Rights Injunction
Acquisition of Potable Water for Condominiums
Permitting and Siting of Biodiesel Production Facility
Environmentally Contaminated Property Remediation Dispute
$500 Million Adriaen's Landing Redevelopment Project
$120 Million Hartford Development "The Learning Corridor"
Connecticut Property Transfer Act Remediation
Installation of Water System
Negotiated a Complex Contract for Electricity Supply Services Resulting in $32,000,000 in Savings

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
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

Primary Contact

Related Practice Areas

Connecticut's Brownfield Program Provides Incentives for Development

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