Brooke Frankel Dickerson

Partner

Fax: 404.873.8633
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Brooke focuses her practice on transaction, regulatory, compliance and permitting matters. With regards to environmental work, she has significant experience with Superfund (CERCLA), hazardous waste (RCRA and HWMA), the Georgia Hazardous Site Response Act (HSRA), solid waste, Brownfields, wetlands, and site evaluation, assessment and remediation issues. She also advises clients on stormwater compliance, green leasing issues and green/sustainable building practices. With regards to construction work, she advises owners and developers on the drafting and negotiation of architect, construction and construction management agreements. She has represented clients in connection with the construction of office, multi-family, mixed use and tenant improvement projects. She also advises clients on OSHA matters and has represented several companies in obtaining reduced or dismissed penalties in settlement negotiations.

Brooke assists clients with the negotiation, documentation, coordination and closing of construction documents, leases, real property purchase and sale transactions, and corporate mergers and acquisitions; federal and state cost recovery and contribution actions; defense of regulatory enforcement and penalty actions; compliance counseling; and evaluation, selection and coordination of remedial actions and allocation of risk from environmental contamination. She has particular expertise in Brownfields and obtaining tax abatements and other incentives related thereto.

Prior to joining AGG, Brooke was an Assistant Regional Counsel with Region IV of the United States Environmental Protection Agency, working primarily in CERCLA, RCRA, water (wetlands and NPDES) and underground storage tanks.

Experience

  • Negotiated with United States Department of Justice, the Environmental Protection Agency and other potentially responsible parties in defending client against a cost recovery claim under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), which resulted in an Administrative Order on Consent.

  • Represented global consumer products client in negotiating purchase agreement of manufacturing facility in Forest Park, Ga., completing significant environmental due diligence, applying for inclusion in Georgia Brownfields program and obtaining approval of Brownfield Compliance Status Report and final Limitation of Liability from the Georgia Environmental Protection Division.

  • Assisted large food distribution company in evaluating property in Massachusetts for large land acquisition with respect to Natural Resource issues, primarily Wetlands and other Jurisdictional Waters and Endangered Species.

  • Advised client on legal and practical implications of proposed Atlanta Sustainability Ordinance and assisted in developing strategy to lobby against adoption of the new law; strategy was successful in raising awareness of inadequacies of law resulting in rejection by the Atlanta City Council.

  • Assisted Japanese manufacturing client with site selection, environmental due diligence, land development permits, negotiation with local, county and state authorities to obtain various economic incentives and applications for Georgia Industrial Wastewater Discharge and Air Emission permits in connection with the construction and development of new plant near Griffin, Ga.

  • 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.

  • Drafted and negotiated Design Contracts, Construction Agreements and a Project Service Agreement for an office renovation project for a large hotel holding company.  Significant review and revisions of lower tier contracts were required with multiple players in order to coordinate all work within a tight schedule.  Our work also included negotiations with the Landlord and amending the lease to accommodate renovation goals.

  • 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.

  • 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 a developer/owner of senior low-income rental housing projects in Georgia and Indiana in connection with site assessment, development, equity financing and debt financing from local, state and federal agencies. Negotiated ground lease; environmental indemnities; development, construction and management agreements; declaration of trust and restrictive covenants; and loan documents.

Credentials

  • University of Virginia School of Law, Juris Doctor
  • Georgetown University, Bachelor of Science - Foreign Service,
    cum laude
  • State of Georgia 1987
  • United States District Court for the Middle District of Georgia 1996
  • Professional:

    • Georgia Bar Environmental Law Section (Treasurer)
    • Georgia Bar Association—Section of Environmental Law
    • Commercial Real Estate Women Atlanta
    • Women’s Affordable Housing Network
    • French American Chamber of Commerce
    • Pro Bono Partnership of Atlanta
    • Central Atlanta Progress Economic Development Council

    Community:

    • Chattahoochee Nature Center, Former Board Member
    • The Temple, Board Member, 2012
  • French ( Proficient )

Recognition

  • Chambers USA: America’s Leading Lawyers for Environmental Law
  • Best Lawyers in America (Environmental Law), 2018-21
  • “Legal Elite,” Georgia Trend, 2012 and 2018