The McManimon & Scotland environmental practice serves the needs of both public and private clients with matters involving brownfields redevelopment, site remediation and reuse, regulatory enforcement including compliance and permitting, emergency response, cost recovery and contribution actions, natural resource damage claims, environmental justice concerns, land use matters, real estate transactions, environmental liability, open space acquisition and preservation, wetlands mitigation and permitting and military base remediation and reuse.  The McManimon & Scotland environmental practice complements, and is often integrated with, the firm’s other practices of redevelopment, bond financing, tax, public utility and energy, school district financing, litigation and land use.  

Brownfields Redevelopment

Our environmental attorneys assist clients assembling a redevelopment professional team that help a public entity assess its goals and prepare and implement a redevelopment plan. Undoubtedly, many properties within the redevelopment area will have environmental issues that need to be addressed, which will affect both the timing and expense of the redevelopment project. Although there are several ways to structure a redevelopment plan for large, multi-use redevelopment areas, any method should focus on the brownfields sites to maximize the economic incentives associated with brownfields redevelopment. Understanding the challenges posed by environmental issues is also critical to managing the environmental risks as well as ensuring environmental compliance, permitting, protection against and transfer of environmental liability, and securing public brownfields funding.

Remediation and Redevelopment

Environmental issues may significantly affect the acquisition and site preparation costs within a redevelopment area.  As a result, our redevelopment and environmental attorneys work closely to ensure that remedial activities are integrated with the site preparation for the development project so that time and cost can be minimized.  The continued collaboration of McManimon & Scotland’s departments throughout the redevelopment process facilitates a redevelopment project through the NJDEP regulatory process while taking advantage of the financial incentives available for brownfields sites and redevelopment areas.

Environmental Liability Concerns

Recognition of environmental risks and practical knowledge of the tools available to manage these risks, such as environmental insurance, can provide financial certainty to the transaction. Depending on the cost estimates for environmental investigation and remediation, our environmental attorneys may recommend the use of environmental liability insurance policies as tools to manage and shift the risk to an insurance company. We will facilitate discussions with a risk management consultant that can provide advice during the transactions and procure the insurance policies which can “wrap around” any indemnification protections provided for in the redevelopment agreement.  Any insurance broker can procure environmental insurance but our environmental practice works closely with brokers who specialize in environmental insurance policies to ensure that the liability for redevelopment entities is minimized or eliminated entirely.

Financing Brownfields Redevelopment

For many municipalities, financing the costs of redevelopment can be onerous. The incorporation of the environmental practice into the firm’s finance and bond departments facilitates the overall financing of a redevelopment project so that the municipal bond financing is compatible with public financing opportunities. Incentive grants and low-interest loans, novel tax structures and reimbursement programs are available from several federal and state agencies.  These sources of financing can assist a public entity in the undertaking of infrastructure improvements and certain non-construction costs, including relocation, demolition and environmental cleanup.  Once an area has been designated in need of redevelopment, our attorneys can assist municipalities in using the Local Redevelopment and Housing Law and other financial tools to attract development and investment in the community.

The combined expertise of McManimon & Scotland affords a “one-stop” shop for parties involved in the redevelopment process from designation through the environmental remediation and to the completion of a community redevelopment area.