Environmental Litigation
Brownfields Transactions
Environmental Compliance
Bois & Macdonald regularly assists clients with the purchase and sale of polluted properties - - “Brownfields”.
We help navigate clients´ projects through the maze of environmental obstacles. We do this by establishing and drawing upon cordial working relationships with the USEPA, California DTSC, Cal-EPA, CARB and AQMDs, California DHS, California SWRCB and RWQCBs, USTCF, CIWMB and other local regulatory agencies. Our familiarity with agency procedures and agency personnel contribute to smooth successful Brownfields deals:
Our extensive experience with issues related to contaminated property includes:
- Preparing the environmental “deal points” in purchase and sale agreements to address and allocate the environmental risks.
- Managing technical consultants cost-effectively, coordinating environmental site assessments and due diligence, analyzing study results and developing a strategy to address regulatory agency concerns.
- Coordinating environmental insurance underwriting for pollution cleanup “cost caps”, protection from undiscovered past risks and protection from environmental accidents during future operations.
- Working with lenders to negotiate “set asides” and escrow of sale proceeds for cleanup costs.
- Working with regulatory agencies to facilitate release reporting, negotiate the type and scope of any necessary cleanup, negotiate regulatory “safe harbor” agreements and prospective purchaser agreements, and to coordinate permit transfers.
We assist our clients and their business partners appreciate the environmental risks from Brownfields and then help make their deals happen on their terms.
