Cases
Significant Matters: Complex Development/Redevelopment Projects: Headed a multidisciplinary team responsible for NEPA review, environmental permitting/approvals,
acquisition of property rights for a $1.2 billion, 165-mile, high-voltage transmission line from Virginia to Delaware planned to run under the Chesapeake Bay
through environmentally sensitive areas on the Eastern Shore of Maryl
.
Supports one of the largest electric utilities in the country with environmental review
permitting associated with its ongoing generation, transmission,
distribution infrastructure projects.
Assisted a large retail client's in-house construction department with a program to redevelop 20 stores/shopping centers
build 5 to 7 new stores/centers per year.
Headed a multi-disciplinary team that supported a gold mining company in obtaining environmental approvals
permits in record time (3 years) to mine a 4500-acre site, including coordination of its NEPA review
all federal, state,
local environmental review
permitting related to the project.
Provided environmental support to a client seeking to develop a bulk terminal at the Port of Oakl
designed to transfer coal from rail to ship for export.
Assisted with environmental issues associated with valuation of condemned property used to construct the Washington Nationals Baseball Stadium. Also, supported environmental permitting for private redevelopment of nearby commercial sites.
Due Diligence for Corporate
Real Estate Transactions: Has assisted hundreds of sellers, buyers,
lenders with formal environmental due diligence, in-depth risk analyses,
tiered risk management strategies (including environmental insurance coverage)to support complex real estate
corporate transactions.
Authored chapter in the ABA's seminal text on environmental due diligence: Environmental Aspects of Real Estate
Commercial Transactions (2011).
Performed environmental compliance
contamination risk review for bid in excess of $1 billion to purchase one of the largest steel mills in the United States. He
his team identified numerous
substantial latent risks/liabilities that otherwise would have gone unaddressed.
Represented a contractor with the U.S. Department of Defense in managing the environmental disclosures, review,
risk negotiations associated with the sale of its company to a major supplier of aerospace
missile products
services.
Site Remediation
Brownfields Clearance: Negotiated with the EPA to amend a 30-year-old RCRA Corrective Action Permit to clear a portion of a former industrial site for sale
redevelopment. Then supported his client with further clearance of the site by the Maryl
Department of the Environment for residential use prior to redevelopment as a community of several hundred single family homes. Cleared the site to build in less than 1 year.
Aided a major transportation
distribution facility in remediating underground storage tank contamination associated with its vehicle-maintenance operations. Also assisted in the facility's response to,
cleanup of, a 10,000-gallon oil spill, including negotiating a nominal Environmental Protection Agency (EPA) fine.
Guided developers through difficult mold/moisture intrusion issues - one related to a 200-unit apartment complex
another involved a multi-million-dollar clubhouse
recreational facility that experienced mold
moisture management issues related to the ventilation
de-humidification of its indoor swimming pool.
Assisted a developer with remediation of a 100-year-old bulk-petroleum storage facility (that housed 28 USTs) so that the site can accommodate residential condominium development.
Succeeded in getting a $7.5 million UST contamination claim in the U.S. District Court for the District of Columbia dismissed with prejudice. His mortgage lender client had foreclosed on property in the District of Columbia where service stations had previously operated USTs, which the plaintiff alleged were leaking onto his down-gradient property.
Environmental Audits
Implementation of Environmental Management Systems: Assisted hundreds of companies
(from heavy industrial to light commercial to real estate development sectors) with EHS audits of companywide operations
implementation of related corrective actions.
H
led voluntary disclosures of compliance deficiencies (from Clean Air Act permitting to EPCRA reporting) for numerous companies under EPA
various state audit/disclosure programs.
Worked closely with numerous clients (including industrial, trade/distribution,
real estate development companies) to formulate
implement effective across-the-board environmental compliance programs. These programs dramatically diminish the risk of enforcement actions
third-party liabilities, while simplifying environmental recordkeeping
reporting, usually through use of software that helps to bullet proof compliance. These programs often identify simple changes to operations
/or compliance methods that result in substantial cost savings for clients, as well.
Performed companywide audits
helped implement an environmental management system for one of the largest pipe
tank manufacturers in the world. Work entailed multiple rounds of stem-to-stern audits at 22 facilities nationwide, in-depth reviews of complex compliance issues,
assistance in implementing new environmental health
safety procedures across the company. This work resulted in ISO certifications
EPA
OSHA recognition of the client as an industry leader in EHS compliance,
also entailed negotiating a novel
favorable global civil settlement with DOJ
EPA for multi-media violations at all company facilities.
