Contaminated or potentially contaminated properties present risks and opportunities.  We work with both buyers and sellers to identify and minimize the former and maximize the latter.  We have experience providing a range of services associated with contaminated property and brownfields redevelopment, including:

  • Analyzing and resolving liabilities among multiple parties
  • Conducting due diligence and all appropriate inquiry assessments
  • Drafting and negotiating environmental covenants
  • Managing consultants and cleanup
  • Recovering investigation and remedial expenses
  • Defending and resolving government claims for liability and windfall liens

Also, in Maine we have guided many clients through the VRAP program and successfully secured liability protections under state law. 

Finally, not all real estate and business deals involve contaminated property.  We regularly work with buyers and sellers to perform environmental due diligence and to coordinate the transfer of existing permits with federal and state regulatory agencies.

Representative Experience

Pierce Atwood acted as real estate and environmental permitting counsel for Calpine Corporation in its $530 million acquisition of the 809 MW Fore River Generating Station in North Weymouth, Massachusetts from Exelon Corporation in 2014. Pierce Atwood attorneys from the Real Estate, Energy, Environmental and State and Local Tax practice groups worked seamlessly to analyze and resolve the many complex land use, tax, and environmental issues. The initial bid preparation through purchase agreement negotiation was accomplished in 15 weeks. Our work included analysis and management of complex tidelands, former coal ash disposal, dual fuel delivery requirement, and management of active MassHighway bridge relocation through the center of project site.

Calpine Acquisition of Fore River Generating Station

Represented Casella Waste Systems in connection with the acquisition of waste hauling and handling company, Oceanside Rubbish, Inc., based in Sanford, Maine.

Casella Acquisition in Maine

Pierce Atwood represented Casella Waste Systems in the acquisition of Complete Disposal Company, Inc. and its subsidiary, United Material Management of Holyoke, Inc., owner and operator of a solid waste transfer station in Holyoke, Massachusetts.

Casella Acquisition in Massachusetts

Represented Casella Waste Systems, Inc. in connection with the acquisition of waste hauling company Central Maine Disposal Corporation based in Fairfield, Maine.

Casella Acquisition of Central Maine Disposal

Representing company in acquisition of brownfields real estate (site of former paper mill), water rights, fish egg import license, and all necessary land use and environmental permits and submerged land leases for construction and development of large land-based North Atlantic salmon farm on Penobscot Bay.

Development of World-Class Recirculating Aquaculture Farm

Represented Florida Power and Light on real estate title, easements, entitlements, and documentation, as well as the transfer of federal, state, and local environmental and land use approvals, in connection with the acquisition of the Seabrook, New Hampshire Nuclear Power facility.

Florida Power & Light Nuclear Power Plant Acquisition

Represented large land owner on environmental and land use issues associated with a long-term lease for a large wind power project in northern Maine.  This matter also involved significant coordination with our Real Estate Department. 

Long-Term Lease for Wind Power Project

Assisted in cleanup, redevelopment, and permitting of a former paper mill on a 40-acre river site into a state-of-the-art manufacturing facility in Brewer, Maine, which is now constructing large-scale, high-tech building components for industrial facilities and shipping them via ocean barging. The firm addressed state and local environmental and land use permitting and real estate issues, including issues arising from historic contamination, negotiated numerous environmental and real estate concerns with interested parties, and facilitated the Voluntary Response Action Plan issued by the Maine DEP.

Module Manufacturing Facility at Brownfield Site

We represented a major out-of-state developer in the due diligence, acquisition, remediation and redevelopment of idle and contaminated properties in Lewiston, Maine. This work included obtaining liability protection for the client under the State’s Voluntary Response Action Program and preparation of an environmental covenant. The site is now back in productive use as new retail store, gas station and car wash.

Redevelopment of Brownfield Grocery Store & Gas Station

We represent a major developer in the acquisition and redevelopment of an idle, contaminated former Maine DOT maintenance facility. This work has included obtaining liability protection for the client under the State’s Voluntary Response Action Program and preparation of an environmental covenant. The 10+ acre property is now redeveloped and the site of large office buildings employing hundreds of workers.

Redevelopment of Brownfield Maine DOT Site

We represented Madison Paper Industries, a major pulp and paper company, in all corporate, environmental, and real estate aspects of the sale of all of its remaining Maine assets in three separate transactions to three different, unrelated parties. Facilities sold included pulp and paper production facilities, hydropower facilities, and a closed solid waste landfill.

Sale of Pulp & Paper Manufacturer’s Assets