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Environmental Issues in Real Estate Transactions & Redevelopment

In New Jersey's complex regulatory environment, successful redevelopment and land use projects – and purchase, sale and leasing transactions – call for a thorough and strategic approach to environmental issues. Greenbaum’s redevelopment and real estate practice teams are fully supported by the firm’s extensive expertise in environmental laws and regulations, which enables the firm to provide comprehensive counsel on all aspects of the development process, from initial site selection and due diligence to final remediation and permitting. The firm is well established as a leading resource in the redevelopment of brownfields and other contaminated sites, providing comprehensive representation in redevelopment projects located on the footprints of former industrial and commercial facilities, factories, landfills, gas stations and other properties. Our experience includes assisting these clients in navigating the complexities of New Jersey’s regulatory framework related to stormwater management and development in waterfront and coastal areas, freshwater wetlands and floodplains, and highlands and pinelands areas, including our involvement in the first area-wide Coastal Area Facility Review Act (CAFRA) permit in Long Branch.

We assist clients in evaluating the viability of each redevelopment project by identifying and balancing risks against potential gains from a business perspective. We provide skilled guidance on compliance with New Jersey’s Industrial Site Recovery Act (ISRA), a critical law triggered by the transfer or cessation of operations at certain industrial establishments. Pursuant to New Jersey’s Site Remediation Reform Act, we work closely with Licensed Site Remediation Professionals (LSRPs) and other consultants to manage all aspects of site cleanups, to ensure full regulatory compliance and adherence to statutory timeframes. We have deep experience in assisting clients in managing their exposure to environmental liabilities through comprehensive due diligence, sophisticated transaction structuring, and the use of statutory liability protections, and provide guidance related to the funding of cleanup and redevelopment activities through various financial assistance programs.

In the transactional context, the firm advises clients on the contractual allocation of environmental risk in leases, purchase and sale agreements. Our team employs creative solutions that enable transaction completion, and has a specialized focus related to the use of environmental insurance policies as a transactional risk management tool.

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