Proper identification and management of environmental and business risks at contaminated commercial and industrial properties (Brownfields) can lead to significant benefits to owners, buyers, developers and local governments.

With experience gained from hundreds of sites throughout the United States, Ice Miller’s attorneys are helping their clients with the disposition and redevelopment of Brownfields through the use of state voluntary cleanup programs, financial incentives, insurance and other risk management tools.

Where many view the challenges of Brownfields as reasons to avoid these properties, we see them as opportunities to apply creative solutions to reduce costs and consistently exceed client expectations.  We work collaboratively with environmental consultants, government regulators and other professionals to find common sense alternatives to return these sites to productive use.   

Representative Experience

  • Nakvosas Investments:  We assisted the client with due diligence to qualify for the bona fide prospective purchaser defense before the purchase of property in an Illinois industrial park identified by U.S. EPA as part of a Superfund Site and negotiations with the government to lift a federal Superfund lien on the property.  
  • Impresa Chem:  We assisted the client with structuring environmental due diligence to purchase industrial reclamation plants in Ohio and Alabama providing services to the steel industry, including the resolution of legacy RCRA and Clean Air Act issues left by the previous owner.
  • City of Indianapolis, Indiana:  We have assisted the City of Indianapolis with several Brownfields sites.  Our work has included identification of appropriate sites for redevelopment, working with developers and/or companies seeking to expand, pursuing cost recovery actions against those who contaminated the properties (and their insurers) and assisting with remediation efforts.
Ice Miller's environmental attorneys have assisted several developers with regard to the acquisition, remediation and redevelopment of Brownfields. For example:
 
  • We assisted a client with the acquisition, remediation and redevelopment of a 21 acre urban in-fill site for new housing and park space utilizing more than $20,000,000 in state grants, TIF and private party contributions.
  • We negotiated the resolution of long-standing RCRA litigation, leading to the transfer and redevelopment of a former industrial facility through the use of state grants.
  • We assisted a client with the acquisition, remediation and redevelopment of former solid waste landfill into corporate and medical office development.

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