Practices & industries
Site Investigation & Remediation
Overview
Day Pitney routinely represent clients with respect to evaluating, investigating, and remediating contaminated properties. Our attorneys have extensive experience guiding clients through the complex and highly regulated process of investigating and addressing environmental contamination at properties in compliance with federal, state, and local environmental laws including the Industrial Site Recovery Act (ISRA) and the Connecticut Transfer Act.
Our team is adept at handling complex environmental issues that may arise in the context of property contamination, including in connection with:
- Resource Conservation and Recovery Act (RCRA) Corrective Action Sites
- Federal and State Superfund Sites
- Legacy Liability
- Environmental Justice Matters
- Brownfield Redevelopment
- Environmental Due Diligence and Site Assessments
- Compliance, Enforcement and Permitting
- PFAS and other emerging contaminants
- Contribution Actions and other Cost Recovery Efforts
We offer customized solutions to address the unique challenges our clients face in the site investigation and remediation process. We have a demonstrated capability to work closely with environmental consultants, government agencies, and other stakeholders to develop cost-effective strategies to get to regulatory site-closure and to manage other environmental risks.
Experience
- Represented and continue to represent various real estate developers and lenders in conducting environmental due diligence for property portfolios, identifying and evaluating environmental liabilities and implementing strategies to manage and allocate risks
- We have served and continue to serve as environmental counsel to a manufacturer and its subsidiaries in connection with various Superfund sites across the country. We have successfully negotiated de minimis settlement agreements at many of these sites and, consistent with the client's goals, participated in liability/exit contracts at larger sites
- Advise a pharmaceutical company in the sale of a legacy industrial site, coordinating with the EPA and state agencies to ensure compliance with CERCLA, RCRA and state environmental statutes, including ISRA.
- Represented and continue to represent several Fortune 500 companies in the cleanup of soil and groundwater contamination from historical operations, managing the investigations and remediations under state environmental laws and ensuring that regulatory requirements were met.
- Assisted and continue to assist a national developer in navigating the Brownfields redevelopment process, including securing state and federal incentives for site cleanup and redevelopment of an urban site.
- Advised a multinational telecommunications and technology company in the remediation and sale of a property, as well as the redevelopment of a new site, ensuring compliance with state and federal regulatory standards and managing environmental liability concerns.
- Counseled a major educational museum and learning center in the redevelopment and remediation of a new campus location, negotiating with public entities to gain approvals, and ensuring that environmental regulatory requirements were met while helping to mitigate associated costs.
