Practices
Environmental
Counseling, Permitting and Transactional Support

Counseling, Permitting and Transactional Support

stock image of gavel and compliance checkmarks

Shipman’s environmental lawyers 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
Tracking and advising on multi-state regulatory compliance

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
Tracking and advising on multi-state regulatory compliance

Experience

Environmental litigation

Advised Manufacturer Regarding Diesel Fuel Additive Standards

Advised US-based manufacturer of diesel fuel additives regarding standards for additives in the US and foreign markets.

Successfully Resolved RCRA Violations for Insecticide Manufacturer in North Carolina

Worked with North Carolina Department of Environment and Natural Resources to resolve RCRA violations involving storage and disposal of insecticide and institute corrective action on favorable terms.

Land use approvals and litigation

Secured Approvals and Purchase of Commercial Property for Multifamily Redevelopment Project

32-36 Iron Horse LLC

Represented developer in the purchase of a construction company’s storage yard for use in a planned residential redevelopment a block from the main commercial artery through Simsbury, CT. The project is a 175-unit multifamily development with 10 percent of the units designated for affordable rents, with walking trails connecting to the Rails to Trails Greenway path on town-owned land. The firm provided end-to-end support on the transaction beginning with the execution of a purchase contract, followed by oversight of environmental investigation and remediation work and a Transfer Act evaluation. The team also helped obtain a wetlands permit and zoning special exception for the new development from town land use boards. The culmination of the matter resulted in the successful closing of the contract.

General

Closing of Commercial Real Estate Mezzanine Financing Loan Origination

Real Estate Debt Investment Fund

Represented a real estate debt investment fund in the closing of an approximate $5MM mezzanine loan behind a conduit/CMBS investment bank mortgage lender (for a total capital stack of approximately $40 MM). The underlying property was an office building located in the greater New York City area. Additionally, our environmental team advised on environmental due diligence, environmental insurance options and negotiated the terms of the environmental indemnity agreement to provide our client with stronger protection against environmental risks, including the known contamination on the property.

Environmental Remediation of Contaminated River and Property

Exide Group, Inc.

Successful representation of Exide Group, Inc. which formerly operated a battery manufacturing facility in Connecticut, in obtaining federal, state and town approvals to remediate contaminated river sediments. Working with the Connecticut Department of Energy & Environmental Protection (DEEP) and agencies at the local and federal levels, our environmental lawyers assisted Exide on a project for removing more than 27,000 cubic yards of lead-contaminated sediments, by participating in facilitated meetings with stakeholders to develop consensus on implementing a state-of-the-art remediation plan.