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Brownfields transactions allow a developer to put an abandoned or under utilized property to productive use. Our environmental attorneys have worked with developers and the regulatory agencies to secure funding for such projects, including tax credits for remediation. A number of governmental agencies have funding available to spur such redevelopment.
There are a number of parties to this type of transaction. We work with the community where the project is located to address any concerns the project’s neighbors may have, as well as with the local government to ensure that its needs are met, to secure zoning approvals, and if appropriate, to obtain local help in infrastructure changes.
Often these transactions will not occur unless the developer has assurance that it will not have liability for the contamination caused by others. In such cases our environmental lawyers will work to negotiate either a release, or a comfort letter from the agencies that the developer will not be subject to further liability after the project is complete.
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