Many commercial properties have a long history of industrial, retail, manufacturing, or transportation uses that may leave behind environmental concerns. Even where contamination occurred decades ago, current property owners and prospective purchasers should understand how legacy environmental issues may affect future plans.

What are legacy environmental issues?

Legacy environmental issues generally involve contamination or environmental conditions resulting from historical property uses. Common examples include petroleum releases, underground storage tanks, industrial solvents, heavy metals, asbestos-containing materials, lead-based paint, fill material, and groundwater contamination.

How can legacy environmental conditions affect property owners?

Historical environmental conditions may influence property transactions, financing, redevelopment, permitting, insurance, leasing, regulatory compliance, and future land use. Early evaluation allows owners to better understand potential obligations and risks.

Why is environmental due diligence important?

Environmental due diligence, including Phase I and Phase II Environmental Site Assessments where appropriate, helps identify historical uses, potential contamination, and regulatory concerns before purchasing, refinancing, or redeveloping commercial property.

How are legacy environmental issues addressed?

Depending on the circumstances, addressing legacy issues may involve additional investigation, remediation, regulatory coordination, engineering controls, institutional controls, environmental monitoring, or other site-specific compliance measures.

What are common misconceptions?

Older contamination does not automatically disappear over time, and properties that appear unused or vacant may still have significant environmental history requiring evaluation. Not every legacy issue prevents redevelopment when properly managed.

Key Takeaways

  • Investigate historical property uses.
  • Perform environmental due diligence before acquisitions.
  • Understand potential regulatory obligations.
  • Address legacy environmental conditions proactively.
  • Coordinate legal and environmental planning before redevelopment.

When should you contact an attorney?

Consult an environmental attorney when purchasing commercial property, evaluating redevelopment opportunities, responding to NJDEP matters, negotiating environmental provisions in transactions, or addressing historical contamination.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze assists commercial property owners, developers, and businesses throughout New Jersey with environmental due diligence, site remediation, redevelopment, permitting, regulatory compliance, and legacy environmental liability issues.