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We help individuals, businesses, developers and municipalities minimize exposure to environmental risks and recover the cost to investigate and clean up contamination. |
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Transfers of Contaminated Property |
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We help clients who own, purchase, develop or use contaminated property. We recommend ways to minimize potential liability for past discharges of environmental pollutants. We help purchasers of contaminated property recover the cost to investigate and clean up contamination caused by others. |
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Due Diligence |
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The doctrine of “buyer beware” probably will not protect someone who unwittingly buys contaminated property. Innocent purchasers often are held responsible for the cost to investigate and clean up property they bought. Environmental due diligence must be performed in connection with significant business transactions such as mergers, acquisitions, and the purchase or sale of real estate. If a previous property owner is responsible for causing all or part of the environmental contamination on your property, and failed to disclose it as a matter of due diligence during the sale of the property, we will work to hold these culpable parties (or their insurance companies) liable. |
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Cost Recovery Actions |
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We represent purchasers in “cost recovery” actions to recover the cost to investigate and clean up contamination. Typically cost recovery claims are made against prior owners and operators, or adjacent owners or operators. It may be possible to recover attorneys’ fees in certain types of cost recovery actions. |
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Land Use Permitting |
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We help developers get zoning and state approvals needed to develop real estate. |
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Article 78 Proceedings |
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An "Article 78" is a special proceeding to challenge an administrative determination and is often used to seek judicial review of decisions made by towns, villages, zoning board of appeals, planning boards and town boards.
Article 78 proceedings must be brought within a very short period of time, in some cases within 30 days of a decision.
We help developers and citizens' groups participate in high stakes administrative matters to make it more likely that they will receive a favorable determination and be well positioned to challenge the determination in court if they do not. |
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Environmental Permits |
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We help clients obtain environmental permits needed to operate within the bounds of environmental laws and regulations. |
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