Subpractices
Practice Contacts
- Rodd Bender
- Darryl Borrelli
- Thomas Duncan
- Robert Fox
- Bryan Franey
- Marc Gold
- Brenda Gotanda, LEED AP
- William Hitchcock
- Jill Hyman Kaplan
- Bruce Katcher
- Joseph Manko
- Carol McCabe
- Michael Meloy
- Michael Nines, P.E., LEED AP
- Jonathan Rinde
- Shoshana (Suzanne Ilene) Schiller
- Diana Silva
- Jonathan Spergel
- Matthew Sullivan
- Neil Witkes
A major focus of MGKF's transactional practice involves assisting clients with the environmental aspects of real estate development projects. These matters include both developments on unimpacted land, as well as redevelopment of contaminated or other "brownfield" properties. In addition to counseling on site remediation issues, our work covers the full range of environmental challenges that arise during all phases of a real estate project, including property acquisition, management of natural development constraints, and infrastructure permitting. With a strong team of environmental lawyers and in-house technical consultants, MGKF is uniquely suited to guide clients through the often complex environmental issues arising in real estate deals.
Photo © Tony Tremblay | istockphoto.com
Detailed representative experience can be found on the related subpractice pages. However, as part of site acquisition, we help clients with the following:
- perform extensive environmental due diligence to identify potential contamination, development constraints, and regulatory compliance issues;
- negotiate and draft transactional documents such as environmental indemnities and other provisions of agreements of sale, investigation access agreements, and the environmental components of leases and condominium documents;
- establish governmental cleanup liability protections through Buyer-Seller Agreements, Prospective Purchaser Agreements, and other voluntary tools, as well as agency consent orders and the establishment of statutory protections like the Superfund bona fide prospective purchaser defense;
- ensure compliance with property transfer laws, such as New Jersey's Industrial Site Recovery Act and Pennsylvania's deed acknowledgment requirements pursuant to the Hazardous Sites Cleanup Act and Solid Waste Management Act;
- obtain financing from banks by addressing environmental lender liability and collateral value issues from both the lender and borrower perspective;
- apply for and obtain public funding, such as grants and low-interest loans, for brownfield cleanup and infrastructure development from a variety of governmental and quasi-governmental agencies and authorities; and
- secure environmental insurance coverage, including evaluating indications from competing carriers, coordinating the provision of documents and other information to facilitate the underwriting process, and negotiating policy and endorsement language.
MGKF also counsels clients on identifying and managing natural constraints that can affect development of a property, such as:
- endangered species regulated by the federal Endangered Species Act and analogous state statutes;
- historic resources subject to the National Historic Preservation Act and similar state laws; and
- wetlands or other water bodies under the jurisdiction of the federal Army Corps of Engineers or state agencies.
Further, in conjunction with the client's development team, our attorneys and technical consultants help to address infrastructure development needs for real estate projects, including:
- permitting of sewage facilities to service a new development;
- control of stormwater, including both construction site stormwater permitting and post-construction stormwater management obligations; and
- the environmental aspects of constructing other project infrastructure, such as roadways and drinking water systems.
Press Releases
- January 5, 2021
- October 23, 2020
- September 22, 2020
- September 15, 2020
- July 27, 2020
- July 21, 2020
- June 8, 2020Gotanda, McCabe, Moshang and Schiller Included in Top 50 Women Pennsylvania Listing
- January 6, 2020
- July 16, 2019
- May 16, 2019
- October 15, 2018
- August 15, 201814 Manko, Gold, Katcher & Fox Attorneys Included in Best Lawyers 2019
- July 5, 2018
- June 18, 2018
- April 26, 2018
- December 18, 2017
- May 25, 2017
- April 20, 2017
- March 31, 2017
- November 28, 2016
- November 17, 2016
- April 26, 2016
- April 14 and May 3, 20162016 Temple Real Estate Institute
- March 10, 2016
- March 1, 2016With Speaking Engagements by Partners Joseph M. Manko, Bart E. Cassidy, Jonathan E. Rinde and Carol F. McCabe
- February 25, 2016
- February 4, 2016
- November 3, 2015
- July 13, 2015
- April 9, 2015
- December 11, 2014
- November 13, 2014
- November 11, 2014
- November 6, 2014
- April 9, 2014
- November 19, 2013“The Real Estate Hibernation Has Ended—What Developers Need to Know About Key Environmental Regulatory Changes in the Post-Recession Economy”
- November 18, 2013
- October 28, 2013
- September 23, 2013
- September 18, 2013
- March 21, 2013
- November 8, 2012
- October 16, 2012
Seminars & Speaking Engagements
- February 27, 2018
- June 6, 2017a Strafford live webinar: 1:00 - 2:30 p.m. EDT
- February 1, 2017
- December 14, 2016An American Bar Association Webinar
- November 15, 2016New Act 2 Standards and Their Impact on Cleanups and the Management of Fill
- April 14 and May 3, 20162016 Temple Real Estate Institute
- May 15, 2015PA Brownfields Conference 2015
- September 9, 2014Co-Hosted by Manko, Gold, Katcher & Fox and BL Companies
- February 10, 2014
- December 11, 2013for the 2013 PA Brownfields Conference
- December 5, 2013Pennsylvania Bar Institute's 17th Annual Real Estate Institute
- September 18, 2013
- September 10, 2013
- May 15, 2013
- February 25, 2011
Media Coverage
- January 13, 2020The Philadelphia Business Journal
- October 1, 2013Pennsylvania State ChapterPublished by Matthew Bender
Special Alerts
- January 12, 2021
- January 12, 2021
- January 11, 2021
- January 11, 2021
- January 11, 2021
- January 11, 2021
- January 11, 2021
- January 11, 2021
- January 11, 2021
- September 10, 2020COVID-19 Update
- August 20, 2020COVID-19 Update
- July 6, 2020COVID-19 Update
- July 1, 2020COVID-19 Update
- June 8, 2020
- June 2, 2020
- May 19, 2020COVID-19 Update
- May 18, 2020COVID-19 Update
- April 27, 2020COVID-19 Update
- April 10, 2020COVID-19 Update
- April 10, 2020COVID-19 Update
- April 8, 2020
- March 28, 2020
- March 27, 2020COVID-19 Update
- March 19, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- November 4, 2019
- January 14, 2019
- January 14, 2019
- January 14, 2019
- November 29, 2018
- January 18, 2018
- January 18, 2018
- November 27, 2017
- April 25, 2017
- April 17, 2017
- April 10, 2017
- February 10, 2017
- January 23, 2017
- January 23, 2017
- January 23, 2017
- January 22, 2017
- January 22, 2017
- September 1, 2016
- July 5, 2016
- June 23, 2016Critiques NJDEP Delay in Ranking of Hazardous Discharge Sites
- February 15, 2016
- January 25, 2016
- January 25, 2016
- January 25, 2016
- January 25, 2016
- September 3, 2015
- August 18, 2015
- June 23, 2015
- January 6, 2015
- December 19, 2014
- December 18, 2014
- March 27, 2014
- January 3, 2014
- November 11, 2013
- August 20, 2013
- July 9, 2013
- June 26, 2013
- April 19, 2013
- November 5, 2012
- July 23, 2012
- June 14, 2012
- August 8, 2010
- August 8, 2010
- January 8, 2010
- January 8, 2010
- January 8, 2010
- January 8, 2010
- January 8, 2010
- December 8, 2009
- November 8, 2009
- September 8, 2009
- September 8, 2009
- September 8, 2009
- May 8, 2009
- January 8, 2009
- January 8, 2009
- January 8, 2009
- December 8, 2008
- November 16, 2008
- November 16, 2008
- November 16, 2008
- November 9, 2008
- September 8, 2008
- August 16, 2008
- August 16, 2008
- August 16, 2008
- May 16, 2008
- May 16, 2008
- May 16, 2008
- May 16, 2008
- May 16, 2008
- May 16, 2008
- January 16, 2008
- January 16, 2008
- January 16, 2008
- November 16, 2007
- November 16, 2007
- August 16, 2007
- August 16, 2007
- August 16, 2007
- May 16, 2007
- May 16, 2007
- May 16, 2007
- January 16, 2007
- January 16, 2007
- January 16, 2007
- January 16, 2007
- January 16, 2006
- January 16, 2006
- January 16, 2006
- January 16, 2005
Articles
- April 23, 2020MGKF Litigation Blog
- April 21, 2020MGKF Litigation Blog
- February 24, 2020MGKF Litigation Blog
- November 14, 2019The Legal Intelligencer
- June 4, 2019MGKF Litigation Blog
- April 22, 2019MGKF Litigation Blog
- December 10, 2018MGKF Litigation Blog
- November 1, 2018MGKF Litigation Blog
- January 22, 2018MGKF Litigation Blog
- January 11, 2018The Legal Intelligencer
- November 22, 2017MGKF Litigation Blog
- September 28, 2017MGKF Litigation Blog
- July 27, 2017The Legal Intelligencer - Environmental & Energy Supplement
- June 26, 2017MGKF Litigation Blog
- May 18, 2017MGKF Litigation Blog
- May 1, 2017MGKF Litigation Blog
- June 8, 2016MGKF Litigation Blog
- April 22, 2016ABA Section of Environment, Energy and ResourcesSuperfund and Natural Resource Damages Litigation Committee Regional Update
- October 2, 2015MGKF Litigation Blog
- July 27, 2015In-House Counsel Committee NewsletterABA Section of Environment, Energy and Resources Newsletter
- July 10, 2015The Legal Intelligencer
- May 8, 2015The Legal Intelligencer
- March 13, 2015The Legal Intelligencer
- November 11, 2014Co-authored by Jonathan E. Rinde and Michael Dillon
- July 11, 2014The Legal Intelligencer
- April 25, 2014Mid Atlantic Real Estate Journal
- January 10, 2014The Legal Intelligencer
- December 19, 2013MGKF Litigation Blog
- November 8, 2013The Legal Intelligencer
- March 19, 2013The Legal Intelligencer
- April 16, 2012Association of Corporate Counsel's "Green-house Counsel"
- January 13, 2012Association of Corporate Counsel's "Green-house Counsel"
- July 1, 2011Association of Corporate Counsel's "Green-house Counsel" - Top Ten
- Spring 20113 Drexel Law Review 607