Environmental

Representative Experience

  • Represented The Kroger Co. in connection with the $22 million acquisition of approximately 250 acres of Fort Gillem, Forest Park, Georgia, a former army base recently closed under the Base Closure and Realignment Act (BRAC). The Army first sold 750+ acres to the City of Forest Park Urban Redevelopment Authority (URA), who then immediately conveyed a portion to the client. As part of the transaction, Kroger agreed to a future sale/leaseback arrangement with the City in exchange for a bond issuance. Past uses and known contamination at the site required extensive historical due diligence and site assessment; negotiations with Georgia EPD and the United States EPA regarding the state Hazardous Site Inventory, the National Priorities List (Superfund), No Further Remedial Action (NFRAP) status and the Brownfields program; and negotiations with the Department of the Army, the City of Forest Park and the URA regarding acquisition documents, loan documents, reciprocal easements, restrictions and covenants, a development agreement, confidentiality agreements, indemnities, bond documents and a lease. This transaction was the first disposition of property out of a closed military base in the Metropolitan Atlanta area.
  • Represented Griffin-American Healthcare REIT, II, Inc., a non-traded REIT, in connection with a variety of environmental issues arising out of the acquisition, leasing and financing of various healthcare facilities, including the acquisition of a Midwest portfolio of long-term acute care hospitals, a Northeast portfolio of skilled nursing facilities, and a West Coast hospital portfolio. Each transaction utilized a complex structure involving a master lease, multiple subleases, guaranties, letters of credit and intercreditor agreements. Several of the transactions also involved post-closing remediation/corrective action agreements.
  • Assisted Austrian and German based Benteler Group with site selection and environmental assessment and permit issues associated with the development of a $900 million hot rolling tube mill and steel mill on 325 acres in Louisiana.
  • Achieved a complex merger of two long-standing non-profits that involved multimillion-dollar combined operations. The team resolved a myriad of legal issues, including corporate, real estate, environmental, and tax filing matters.
  • Represented large industrial manufacturing company in sale of holding company owned by a family and an ESOP; spin-off of all assets except one operating subsidiary.  Required sophisticated tax, environmental and retirement plan advice and documentation.
  • Represented a large refrigeration warehouse company in EPA criminal investigation regarding ammonia releases at refrigeration facility. Investigation closed with no charges filed or any adverse action taken by the government against the company.
  • Represented Jamestown Properties in negotiating environmental terms in its purchase agreement and orchestrated the environmental due diligence and Brownfield Corrective Action Plan for the largest adaptive reuse project currently underway in Georgia.
  • Negotiated with USEPA on behalf of one of three responsible parties for cleanup of a federal Superfund site, including cost allocation (including with a federal PRP), bidding of the $10-plus million cleanup, and oversight of the project.
  • Submitted, on behalf of various clients, seven applications to Georgia’s Voluntary Remediation Program, resulting in approval of risk-based cleanup plans that will, collectively, save millions in assessment, remediation and monitoring costs.
  • Responsible for legal aspects of environmental due diligence for national food distribution company.
  • Analyzed portfolio of multiple refrigerated warehouses with legacy environmental issues, negotiated with underwriters regarding remediation requirements and reserves, and entered selected properties in various state voluntary cleanup programs.
  • Counseled First Capital in connection with $7.5 million multi-facility loan to Gardner Glass Products, Inc., and its affiliates, with respect to matters related to the ownership of the company by an employee stock ownership plan (an ESOP). Gardner Glass is a glass and mirror manufacturing company based in North Carolina.