Brownfields

Colorado Projects

Ball Arena and Elitch Gardens Redevelopment: Represent the owner in negotiating cleanup requirements and environmental terms and conditions of agreements with the City and orders with the Colorado Department of Public Health and Environment, and environmental cost recovery, associated with the redevelopment of 100+ acres in central Denver, which is currently home to the Ball Arena and Elitch Gardens Theme & Water Park.

PuebloPlex (Pueblo): Represented a local redevelopment authority (LRA) redeveloping the U.S. Army Pueblo Chemical Depot, formerly one of the nation’s principal chemical weapons manufacturing and storage facilities. Represented the LRA in negotiating cleanup requirements and environmental terms and conditions for the transfer of approximately 16,000 acres within the Depot to the authority. The firm also advised on: environmental due diligence; negotiation of Army agreements; environmental risk management during phased acquisition; redevelopment, regulatory compliance and cleanup requirements; environmental insurance; institutional controls; and cost recovery and remediation funding sources.

Redevelopment of Former Stapleton International Airport (Denver): Have represented the master redeveloper of the over 4,000-acre former Stapleton International Airport site since the project began in 1998. We drafted the core agreements, including purchase agreements and development agreements that allow for phased remediation under the state’s Voluntary Cleanup Program We also negotiated and developed the client’s form resale agreement and environmental disclosure program, developed guidelines for negotiating environmental provisions of commercial leases, as well as assisted the client with construction materials management procedures, construction contracts, form of easements and other construction-related agreements. Our lawyers negotiated an environmental insurance program tailored to the transaction and assist in policy administration.

Projects Beyond Colorado

Brownfields Development Advice: Represented a national redeveloper in environmental due diligence, structuring property purchase and remediation agreements, regulatory negotiation and compliance, as well as construction requirements for over 20 projects nationwide. In Seattle, Washington, we provided environmental due diligence, drafted and negotiated the agreement to manage insurance recovery litigation and negotiated agreements for purchase and remediation of the property upon receipt of insurance proceeds. Our team also drafted and negotiated the agreement for resale of the property to a biomedical real estate investment trust and negotiated an environmental liability insurance policy to cover the seller, client, and buyer of the property.

Solar Energy Redevelopment on Contaminated Sites: Represented a large national waste management company in the development of solar facilities on multiple active and closed waste sites across the country. To do so we helped obtain necessary permits and approvals protective of sensitive environmental conditions and also negotiated site access agreements, leases and other necessary real estate contracts. We have also assisted a biotechnology company with licensing areas of its property under Resource Conservation and Recovery Act management for solar project development.

Remediation of Tribal Mine Site (Plymouth, California): Represented the Tribe in preparation of a Voluntary Agreement with the California Department of Toxic Substances Control (DTSC) for remediation of a former mine site. We negotiated with DTSC to secure favorable terms for the Tribe to facilitate cleanup of hazardous metals in anticipation of the fee to trust process to ensure the remediated property can be transferred into federal ownership held in trust for the benefit of the Tribe.