Kaplan Kirsch & Rockwell lawyers are experienced in the successful redevelopment of contaminated properties. The firm has assisted clients with contaminated property redevelopment before and after the adoption of federal legislation that has reduced the legal risks associated with the purchase of contaminated properties and the wide-spread adoption of state voluntary cleanup programs.   The firm assists its clients in the range of contaminated property redevelopment issues, including environmental due diligence; establishing defenses to liability; negotiating purchase and sale agreements and development agreements; regulatory compliance, including CERCLA orders and NCP compliance; voluntary cleanup program participation; evaluation and negotiation of environmental insurance policies; professional service and construction contracting; cleanup cost recovery; and evaluation and management of environmental risk generally.  The firm’s clients include master developers of large redevelopment projects, specialty Brownfield redevelopers, and investors and banks intending to evaluate and manage environmental risk.


The redevelopment of the former Stapleton International Airport broke ground in 2001 as one of the country's largest urban redevelopment projects.  Kaplan Kirsch & Rockwell has assisted the master redeveloper in drafting and negotiating purchase and development agreements that allowed phased remediation under the state voluntary cleanup program by the seller municipality and that incorporated negotiated cleanup standards, remedial oversight mechanisms and restrictive covenants. The firm negotiated an environmental insurance program tailored to the transaction, assisted the client in developing an environmental due diligence process, assisted in drafting and negotiating environmental disclosures to be provided to prospective homebuyers and tenants, assisted in the negotiation and development of the client's form resale agreement and disclosures, and assisted in developing the client's corporate guidelines for negotiating environmental provisions of commercial leases. The firm also assisted the client in construction at the project site, including developing construction materials management procedures, drafting construction contracts, and negotiating form of easements and other construction access agreements to be granted by the seller.

Unexploded ordinance sites or “UXO” sites present particular challenges.  Kaplan Kirsch & Rockwell has assisted an international developer in the development and negotiation of a regulatory, contractual, and insurance framework that allowed the developer to coordinate redevelopment with Department of Defense and voluntary cleanup programs at a former military bombing range.  In addition to environmental issues, the scope of Kaplan Kirsch & Rockwell's services included structuring and negotiating the master development agreement with the state’s land board, coordinating with special water counsel, and negotiating cost recovery during contract termination.

Kaplan Kirsch & Rockwell acts as national counsel to a locally-based brownfields specialty redeveloper.  Projects range from small individual sites to projects that require site assembly at locations around the nation.  Kaplan Kirsch & Rockwell's engagement includes drafting and negotiation of purchase and sale agreements; advice in developing regulatory, cleanup, redevelopment, and cost recovery strategy; review and negotiation of environmental insurance policies; and coordination of local counsel as appropriate.

Kaplan Kirsch & Rockwell provides similar representation to clients involved in the redevelopment of a variety of other former industrial and military facilities. Current and former projects include a portion of the former Gates Rubber Company site, the former Fitzsimons Army Medical Center, a former defense manufacturing facility in Colorado, the Vicksburg Chemical Site in Mississippi, and a Nevada landfill, among others.


Redevelopment of the former Fitzsimons Army Medical Center, Aurora, CO

Redevelopment of a portion of the former Gates Rubber Company site, Denver, CO

Redevelopment of the former Stapleton International Airport, Denver, CO

Redevelopment of Union Station area, Denver, CO

Urban redevelopment area, Golden, CO

Acquisition of strip mall with historical groundwater contamination, Longmont, CO

Redevelopment of former manufacturing site, Westminster, CO

Atlanta Beltline property acquisitions, Atlanta, GA

Vicksburg Chemical Site, Vicksburg, MS

Airport purchase, NJ

Landfill redevelopment, Henderson, NV

Insurance recovery, remediation and resale of former dry cleaning site, WA

Purchase and sale agreements, CO, FL, MI, NJ, CA, WA