Mr. Brodeur’s client matters have included waste site cleanups and cost allocation negotiation and litigation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Massachusetts Chapter 21E, and other state Superfund statutes; structuring real estate and corporate transactions in order to address environmental concerns; counseling clients with respect to corporate programs for compliance with environmental regulations; federal, state and local permitting of residential, commercial and industrial facilities; and utilizing environmental insurance to manage environmental risk.
- Recent work with clients in these areas includes:
- Management of vapor intrusion investigations and mitigation measures at multiple federal and state sites
- Successful negotiation of a consent decree to resolve state claims for clean-up costs associated with a municipal landfill
- Coordination of a comprehensive internal investigation, submission of self-disclosures and implementation of multi-media compliance measures at a public water facility, resulting in no federal or state enforcement action
- Representation of an institutional investor in its joint venture with a real estate development partner for the development of approximately 250,000 square feet of office space on an environmentally impacted property in Connecticut. Aspects included coordinating environmental due diligence, drafting and negotiating complex environmental deal terms, and securing environmental insurance coverage.
- Representation of a prominent real estate development company in its proposed 1.5 million square foot retail and office redevelopment of a former industrial facility in Massachusetts. Aspects of this representation included successfully navigating the Massachusetts Environmental Policy Act process, securing zoning variances, and negotiating a highly technical utility relocation agreement involving burial of existing overhead electrical lines.