Environmental

Overview

Our nationally recognized environmental team helps to spot and avoid present and potential environmental issues before they become big problems. We provide strategic and practical approaches to move our client’s objectives forward by anticipating, minimizing and developing solutions for business and regulatory risks. We assist clients with environmental compliance issues, protection against the acquisition of environmental liabilities in a merger or acquisition, toxic tort, or property damage litigation. We work with clients across a range of industries including manufacturers, renewable energy companies, and higher educational institutions. We understand business drivers, predict future hurdles, and go the extra mile for our clients.

Representative Experience

• Manufacturer of high performance coatings: Represented in all manner of environmental regulatory and local land use issues. We currently are working on the completion of a brownfield clean-up project and a basin remediation.
• Health services organization: Represented in the expansion of its health center in New York.  We guided the client through the environmental due diligence involved in the development and financing, including performance of Phase I and Phase II environmental site assessments.
• Airport cargo facility developer: Represented in the negotiation of a ground lease agreement for the development of a state-of-the-art cargo facility on more than 26 acres at John F. Kennedy International Airport.  Our engagement included the negotiation of the environmental provisions of the ground lease with the Port Authority of New York and New Jersey, guidance on the environmental due diligence process, and assistance with the creation of an environmental management plan required for construction and operation of the facility.  
• Developer of shopping plaza in Monroe County, New York: Represented in obtaining a residential to commercial rezoning and related land use and zoning approvals, including extensive drafting and review of all documents relating to the SEQRA EIS. We successfully defended the developer in an Article 78 proceeding challenging the approvals

Recognition

• Nixon Peabody has been named a Tier 1 National firm by U.S. News – Best Lawyers® “Best Law Firms” in 2023 for Environmental Law. We also received First Tier metropolitan rankings for Environmental Law and Litigation - Environmental.
• Chambers USA - Band 1: Upstate New York Environment; Band 2: New York Environment; Band 3: Massachusetts Environment