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Brownfields Redevelopment

Davis Graham & Stubbs LLP lawyers assist current and former property owners and operators, investors, and real estate developers in transforming contaminated lands, mothballed properties, and historic or abandoned mining, dry cleaner, oil and gas, manufacturing, or other industrial/ commercial sites for economically productive and environmentally appropriate uses. DGS attorneys are knowledgeable regarding all aspects of remediation and redevelopment of contaminated properties, including ever-changing cleanup standards, institutional controls, federal and state voluntary cleanup program requirements, eminent domain issues, Brownfields tax credits, financing vehicles, and risk management tools.

Our clients’ projects are located in urban and rural settings throughout the Rocky Mountain region. To make these projects a reality, we work with stakeholders, communities, and numerous federal, state, tribal, and local government agencies to realize our clients’ goals.

DGS lawyers working in this area thoroughly understand the scientific and technical issues of contaminated sites. A number of our lawyers have scientific and technical education, and others have been educated through many years of diverse project experience. Our clients rely on us to supervise work performed by technical experts in fields ranging from geology and hydrogeology to vapor intrusion, risk assessment, and toxicology.

We are also experienced in various techniques to manage risks associated with brownfields redevelopment. We routinely assist clients in applying for and obtaining environmental insurance policies. We negotiate covenants not to sue and similar agreements with regulatory agencies. We routinely obtain no-action determinations from regulators. We are experienced with the implementation, monitoring, and enforcement of institutional controls. We know the government programs and other mechanisms to fund the remediation and redevelopment of these sites. For example, in a recent case of first impression, one of our lawyers helped a property owner secure a determination from the Colorado Energy and Carbon Management Commission (formerly Colorado Oil and Gas Conservation Commission) to include an abandoned oil well in Colorado’s Orphan Well Program. This determination will facilitate the plugging of the well, a prerequisite to the redevelopment of the property.

Related Attorneys

John R. Jacus

Partner, Air Quality & Regulatory Compliance, Clean Energy & Sustainability, Environmental Law & Litigation, Natural Resources, Federal Oil & Gas Leasing, Safety & Health, Brownfields Redevelopment, Tribal Lands & Resources, Midstream Services, Endangered Species, NEPA, CERCLA & State Equivalent Programs, Environmental

J. Christopher Kinsman

Partner, Real Estate, Real Estate Development, Real Estate Finance, Construction & Real Estate Litigation

Barbara J. Mueller

Senior of Counsel, Real Estate, Real Estate Development, Real Estate Finance, Commercial Leasing, Open Space & Land Conservation Transactions, Clean Energy & Sustainability

Laura J. Riese

Partner, Brownfields Redevelopment, CERCLA & State Equivalent Programs, Environmental Law & Litigation, Environmental Protection Agency & State Fuels Programs, Safety & Health

Elizabeth (Betsy) H. Temkin

Partner, Environmental Law & Litigation, Brownfields Redevelopment, CERCLA & State Equivalent Programs, Environmental

Gail L. Wurtzler

Partner, Class & Consolidated Actions, CERCLA & State Equivalent Programs, Environmental Law & Litigation, Trial, Mining, Natural Resources, Oil & Gas, Toxic Tort Litigation