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Real Estate

Environmental

Our Work

  • National representation of leading multifamily housing developers (e.g., AvalonBay Communities, Inc., Bell Partners, Fairfield Residential, Hanover Company and Mill Creek Residential Trust) in connection with environmental due diligence, the acquisition, development and sale of contaminated parcels, regulatory compliance, environmental risk management (including vapor intrusion and toxic mold issues) and environmental insurance issues (policy placement and claims).
  • Representation of Harvard University in connection with various environmental issues, including the redevelopment of previously contaminated properties, environmental insurance, green construction projects and issues associated with contaminated building materials.
  • Representation of Boston Children’s Hospital and Beth Israel Deaconess Medical Center in connection with various environmental issues, including environmental due diligence, drafting complex purchase and sale agreements and ground leases, environmental cost recovery claims, environmental risk management, air emissions issues, and pharmaceutical waste issues.
  • Counsel in environmental matters to one of the premier real estate development and management companies in New England concerning its development, financing and subsequent $1.725B portfolio sale of 14 regional malls to a Simon Property Group joint venture.
  • Worked closely with leading state legislators to analyze the impacts and benefits of the then proposed and now enacted Massachusetts Brownfields statute.
  • Representation of a major educational institution regarding environmental matters in connection with its accepted bid of $750M and its execution of an Exchange Agreement concerning its future acquisition of part of a valuable 14-acre parcel of land located in the Kendall Square area of Cambridge.
  • Representation of borrowers and lenders in connection with the environmental aspects of traditional real estate lending as well as REIT financing, private equity funding and strategic joint ventures for real estate investment.  Also advise clients in connection with obtaining environmental insurance to mitigate risks associated with the environmental indemnifications generally required by lenders. 
  • Counseled developer in connection with the purchase and remediation/redevelopment of a former pesticide manufacturing facility and the subsequent sale of the redeveloped property. Assisted the client with environmental due diligence, negotiating environmental provisions of purchase and sale agreements, remedial plans, regulatory compliance issues and cost recovery through Brownfields tax credits. 
  • Representation of WS Development in connection with a wide range of environmental advice prior to the acquisition and vast redevelopment of the Seaport district in Boston, MA. Handled all of the due diligence, contracting, risk management, and insurance matters related to one of the city’s largest redevelopment projects