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Environmental
Development of property—whether commercial or residential, greenfields or brownfields—presents a plethora of environmental legal issues. Some of the world’s largest developers call on our lawyers for help in due diligence, risk management and permitting issues. We have managed extensive due diligence for dozens of major retail centers in a dozen states; handled water quality permitting for major residential developments across Tennessee; developed commercial property with significant contamination under state brownfields programs; and advised parties redeveloping many of the most important urban projects in the state.
Our attorneys understand that time is money in site development work, and pride themselves on finding ways to address environmental issues in a practical, time- and cost-efficient manner. Our job is to help our clients to evaluate and manage risk, not necessarily to eliminate it. This mindset towards making deals work sets us apart from our competition.
In addition to our work in traditional “greenfield” development, we have extensive experience in the redevelopment of impacted “brownfield” properties. Waller Lansden attorneys were instrumental in the crafting of enabling legislation for Tennessee’s Voluntary Cleanup Oversight & Assistance Program, and have completed more sites in the State Remediation Section than any other firm. We have assisted in the cleanup and redevelopment of sites from coast to coast, utilizing state and federal programs to limit and quantify our clients’ risk—enabling difficult deals to proceed.
Significant Matters
- Managing environmental issues in development of major municipal arena in historic downtown area. This project included the discovery of dozens of USTs of unknown origin and contents
- Development of major retail center in East Tennessee, including permitting of wetlands and stream impacts in 303(d) listed stream in the face of very public opposition
- Due diligence on scores of retail development sites in multiple states, including Phase I and Phase II contamination issues, federal and state wetlands and stream permitting, section 106 National Historic Preservation Act and section 7 Endangered Species Act interagency consultation
- Defense of significant residential developers in million-dollar stormwater enforcement cases.
- Negotiation of Brownfield Agreement with state government and cost sharing agreement with seller to develop 1920’s era manufacturing facility into new retail space. This project included the on-site containment of hundreds of cubic yards of material that in other contexts would have been considered hazardous waste
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