Environmental Issues in Transactions and Real Estate Management
SPR helps its clients understand, assess, and manage environmental risks at every stage of corporate and real estate transactions, from pre-transaction due diligence through operations and management. The Firm focuses on supporting transactions by providing practical solutions; negotiating and drafting environmental provisions for contracts, deals, and leases; and identifying and evaluating tools like regulatory programs, tax credit opportunities, and environmental insurance to effectively allocate risks, liabilities, and costs. We work seamlessly with our clients’ environmental engineers and consultants to manage investigations, remediations, and compliance.
SPR represents buyers, sellers, developers, lessors/lessees, lenders, and other stakeholders in assessing and accounting for environmental conditions, which can include:
- Contamination and hazardous substances management and remediation, including emerging contaminants (such as PFAS and PFOAS);
- Solid waste management;
- Stormwater controls and discharges, including green roofs and green infrastructure installations;
- Wetlands and other natural resources;
- Waterfront considerations such as title to waterfront/riparian lands, permitting of bulkheads and other structures, flood zone planning and resiliency, and waterfront zoning;
- Building health and safety, such as lead-based paint, asbestos, and waterborne pathogens (e.g., legionella) planning and compliance; and
- Air and greenhouse gas emissions permitting and compliance.
These services are complemented by SPR’s expertise in environmental impact review and permitting, construction, brownfields redevelopment, climate change and resiliency, project finance, and litigation.
Brooklyn Developmental Center
Bronx Point
Edge-On-Hudson
Equinor Wind – Empire Wind Offshore Wind Projects
Extra Space Storage
Millennium Pipeline Company Litigation
Muss Development Corporation – SkyViewParc
Sive, Paget & Riesel represents the Muss Development Corporation with respect to the development of SkyViewParc, a mixed-use development located on the former Flushing Industrial Park site. SPR assisted with all aspects of the client's application to the New York State Brownfield Cleanup Program, including preparation of the initial application, revisions, submission of reports and all other aspects of the State-supervised cleanup of the property. SPR has also assisted the developer in seeking cost recovery from the former owner of the property responsible for the contamination.