Real estate owners, developers, lenders and other commercial interests rely on our significant experience in environmental counseling, enforcement and litigation; and our ability to execute transactions with environmental components.
Our work spans many types of environmentally impacted properties, including distressed sites with complex issues, such as abandoned or underutilized state and federal Superfund sites. We also have substantial depth in petroleum-related concerns, representing numerous gas station owners, portfolio owners, petroleum marketers, distributors, jobbers, brokers, wholesalers, terminal operators and other industry stakeholders in the New York and New Jersey metropolitan area.
Transactions with Environmental Concerns
We’re known for our ability to efficiently resolve environmental concerns and impediments that can stand in the way of completing an acquisition, sale, financing, joint venture, ground lease or redevelopment transaction. Beyond the legal and regulatory issues at hand, we understand the myriad concerns of all public and private stakeholders at the deal table, and maintain productive relationships with governmental regulators, which help us effectively and amicably move deals forward.
Our clients frequently call on us to help assess, understand and mitigate regulatory and transactional risks related to environmental contamination. When environmental questions, concerns or obstacles appear, we uncover the risks, and opportunities – with a view toward resolving them in the most efficient and cost-effective manner. We excel in providing knowledgeable and meaningful cost/benefit analysis to allow principals to make instant go/no-go decisions.
We provide single-minded advocacy on behalf of environmental clients dealing with disputes, litigation and regulatory matters throughout the New York and New Jersey metropolitan area. We have a strong track record of success in state and federal courts, and in administrative proceedings in a number of jurisdictions, both on the cost recovery side for cases involving environmental contamination, and in defending environmental claims.
Clients benefit from our ability to productively navigate environmental compliance concerns with state and federal regulatory agencies and departments, including the U.S. Environmental Protection Agency, the New York State Department of Environmental Conservation and the New Jersey Department of Environmental Protection. In New York City, we frequently advise on issues such as E-designations and voluntary cleanup program eligibility, administered by the Mayor’s Office of Environmental Remediation (OER); as well as requests for zoning variances based on environmental hardship, made to the New York City Board of Standards and Appeals.
We have unparalleled depth and experience in the downstream petroleum industry; advising petroleum distributors, jobbers, brokers and marketers in all key areas of their business, including bulk sales and purchases of petroleum assets, service stations, financing, strategic consulting, mergers, acquisitions, divestments both in commerce and out of commerce, and brand consulting. We also advise on land use, zoning and regulatory issues in petroleum marketing and affiliated uses, including C-stores, QSRs, car washes and quick lubes.
Areas of Focus:
- Franchise Documents
- Petroleum Marketing Practices Act (PMPA)
- Ground Leasing
- Supply Agreements
- Branding - Use Covenants and Restrictions
- Environmental and Task Insurance Issues
- Underground Storage Tank Issues
- Gas Station Redevelopment
- Advice on all aspects of owning, operating and maintaining gas station properties, including financing, compliance, corporate, risk assessment, leasing and development