Kaplan Kirsch represents PuebloPlex, the local redevelopment authority (LRA) for the former U.S. Army Pueblo Chemical Depot. The Army is transferring approximately 16,000 acres of the depot in Pueblo, Colorado, to PuebloPlex.
Environmental Terms of the Land Transfer
We negotiated with the U.S. Army and the Colorado Department of Public Health and Environment (CDPHE) on the transfer. Those negotiations cover cleanup requirements and other environmental terms and conditions. We also advise PuebloPlex on environmental due diligence and environmental risk management during acquisition and redevelopment. That work includes
- Regulatory compliance and cleanup
- Environmental insurance
- Institutional controls
- Cost recovery opportunities
- Environmental disclosure
- Remediation funding sources
- National Environmental Policy Act (NEPA) matters
- Other redevelopment-related issues
Rail Easement and Operating Agreement
In addition, we represent PuebloPlex in negotiating an easement and operating agreement with the Federal Railroad Administration (FRA). A rail line crosses the PuebloPlex facility to reach the FRA test center next door. The operating agreement will govern the FRA’s use of that line for trains to and from the test center.