Brownfields

A Brownfield is real property where redevelopment or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. The environmental lawyers at Jennings Haug Cunningham have extensive experience in both environmental and commercial real estate law, and have successfully assisted clients with navigating every stage of Brownfield development in Arizona, which includes:

  • Conducting pre-purchase environmental due diligence.
  • Advising local governments on condemnation and purchase of Brownfield properties.
  • Negotiating with lenders, insurers, and other project stakeholders.
  • Drafting purchase agreements and other contracts.
  • Obtaining environmental insurance.
  • Accessing federal, state, and local Brownfields funding and assisting in joint efforts between private developers and government.
  • Working with clients, consultants, and regulatory agencies to develop and implement a remediation plan that permits the broadest possible use of the property as soon as possible.
  • Obtaining necessary agency approvals and permits.
  • Negotiating and implementing deed and use restrictions.
  • Securing No Further Action determinations and site closures.

In one high-profile representation, our team represented a Brownfield developer in an award-winning Brownfields project that transformed a contaminated and blighted area occupied by aggregate mining operations, closed solid waste landfills, salvage yards, and unregulated industrial facilities into a thriving regional retail center.