Commercial property transactions often involve environmental considerations that extend beyond traditional real estate issues. Early legal guidance helps coordinate environmental due diligence, evaluate regulatory obligations, and support informed business decisions.

Why involve environmental counsel?

Environmental counsel can help identify potential liabilities, interpret environmental reports, coordinate with consultants and Licensed Site Remediation Professionals (LSRPs), review regulatory compliance, negotiate contractual protections, and develop strategies for managing environmental risk.

What issues commonly arise?

Common concerns include historical contamination, underground storage tanks, permits, ongoing remediation, ISRA obligations, NJDEP enforcement history, hazardous materials management, and environmental compliance issues that may affect ownership or redevelopment.

How does early involvement benefit buyers and sellers?

Early legal involvement allows environmental issues to be evaluated before they delay financing, negotiations, or closing. It also helps parties allocate risk appropriately and address potential compliance obligations before the transaction is complete.

Common misconceptions

Environmental counsel is not only necessary when contamination is discovered. Proactive legal guidance can be valuable even when due diligence identifies no significant environmental concerns.

Key Takeaways

  • Begin environmental due diligence early.
  • Coordinate legal and technical professionals.
  • Evaluate environmental liabilities before closing.
  • Review permits and regulatory history.
  • Address environmental risks proactively.

When should you contact an attorney?

Consult an environmental attorney before purchasing, selling, financing, or redeveloping commercial or industrial property whenever environmental issues could affect the transaction or future operations.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze advises buyers, sellers, developers, lenders, and commercial property owners throughout New Jersey on environmental due diligence, regulatory compliance, remediation matters, and commercial real estate transactions.