Environmental and Permitting

Our Real Estate Practice Group includes attorneys who regularly represent owners and other responsible parties in environmental permitting matters and issues relating to hazardous waste and the Massachusetts Contingency Plan (MCP).  We work closely with environmental consultants in the preparation of Activity and Use Limitations under the MCP and we counsel land owners who have experienced a release of oil or hazardous materials or who have discovered existing environmental conditions on property they
already own or are seeking to acquire.

This area of our practice includes brownfield sites — potential development sites which contain levels of contamination that can be remediated and brought into regulatory compliance as part of the development process.  Some of these sites are eligible for governmental assistance.

We also advise clients on issues relating to the Leadership in Energy and Environmental Design (LEED) Green Building Rating System,™ and its implementation in construction, leasing and other real estate documentation.

In addition to our regular zoning practice, we work with developers and other clients in other areas of permitting and land use regulation, including the Massachusetts Environmental Policy Act (MEPA), the National Environmental Policy Act (NEPA), the Massachusetts Wetlands Protection Act, and work to gain licenses and approvals under G.L. Chapter 91 for development on filled tidelands and waterfront projects.

We
also have substantial
experience in wastewater disposal under Title 5 of the State Environmental Code (septic systems) and in seeking permitting for more elaborate subsurface disposal , including on-site, privately owned wastewater treatment facilities.

If necessary, members of our Litigation Practice Group prosecute administrative and judicial appeals.

To learn more about our experience in the environmental and permitting industry, please contact Robert M. Schlein at rschlein@princelobel.com or 617 456 8098.

Representation of ground lessee in the negotiation of the ground lease of a brownfield site for a retail development.
Assessment of potential development sites with known releases of oil and hazardous materials for purchases, including advice on clean-up and possible mitigation.
Counseling clients after discovery of releases from underground storage tanks in urban and suburban locations.
Negotiation with downgradient property owners and Department of Environmental Protection after a release.
Negotiation of consent order with Department of Environmental Protection for conversion of apartment complex from septic systems to a private onsite wastewater treatment system.
Negotiation with the MEPA Office to establish a Special Review Procedure under 301 CMR 11.09 for a phased development project.
Representation of office building and shopping center owners in regulatory and construction issues relating to closure of grandfathered cesspools and installation of a wastewater treatment systems.
Representation of developer of waterfront condominium and restaurant and retail projects.

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