Nathan Brodeur is a partner in the firm’s Real Estate Industry group and a member of the Environmental practice and Real Estate Development and Permitting practice. Mr. Brodeur specializes in assisting private equity firms, institutional investors, financial institutions and real estate developers in identifying, allocating and mitigating environmental risks associated with business and real estate acquisitions, divestitures and financings. He also advises the regulated community with respect to implementing programs to ensure compliance with existing and developing environmental, health and safety regulations, and interacts with regulatory agencies to avoid, mitigate or resolve enforcement actions. Mr. Brodeur helps clients manage the investigation and remediation of contaminated sites, including interfacing with federal and state regulatory agencies such as the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Protection, and representing clients in cost allocation negotiations with other potentially responsible parties. He prides himself on understanding his clients’ business objectives, and providing advice in that context.
Mr. Brodeur is a member of the Boston and American Bar Associations.
Mr. Brodeur is the co-author of “New Rules Require Accounting for Future Environmental Costs,” The Metropolitan Corporate Counsel, Volume 15, No. 4 (with Gregory A. Bibler, Esq., 2007); “Structuring Corporate and Real Estate Transactions to Minimize Environmental Risk,” Conference on Consumer Finance Law Quarterly Report, Volume 60, No. 1 (with Laurence S. Kirsch, Esq., 2006); and “All Appropriate Inquiry Standard Will Create Substantive New Requirements for Phase I Environmental Site Assessments,” The Metropolitan Corporate Counsel, Volume 12, No. 4 (with Gregory A. Bibler, Esq., 2004). He is also the author of “Note, Michigan v. United States Environmental Protection Agency,” 28 Ecology L.Q. 275 (2001). In addition, Mr. Brodeur served as a member of the Board of Editors of the California Law Review and as an Articles Editor for Ecology Law Quarterly.
Mr. Brodeur’s recent work with clients includes:
- Successful negotiation of administrative orders and permit amendments to resolve a multi-state U.S. EPA enforcement proceeding under the new source review provisions of the Clean Air Act and State Implementation Plans
- Representation of a private equity client in its $200 million leveraged investment in a manufacturer and distributor of outdoor apparel and equipment; aspects of this representation included conducting environmental due diligence, and drafting and negotiating environmental provisions in merger and credit agreements
- With respect to a real estate developer’s 1.5 million square foot mixed-use redevelopment project, coordination of environmental diligence during land acquisition and management of all environmental aspects of the project, including managing compliance with the Massachusetts Contingency Plan, obtaining financing, securing environmental insurance coverage and obtaining Brownfields tax credits
- Management of vapor intrusion investigations and mitigation, and interaction with regulatory agencies regarding same, at multiple federal and state sites
- 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 of this representation 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
University of California, Berkeley School of Law