Environmental due diligence is the process of assessing potential environmental liabilities before acquiring or developing real property. This often means conducting Phase I and Phase II site assessments, reviewing historical land use and evaluating whether contaminants such as petroleum, hazardous waste or chemicals are present on the project site.

Our attorneys examine NEPA and SEQR obligations to determine whether an environmental impact statement is required and advise on wetlands, threatened species and cultural resource issues. We also review existing permits and their compliance status under the CAA, CWA, RCRA, CERCLA and other programs and identify outstanding enforcement issues. It may also include reviewing federal and state regulatory files, interviewing site operators and evaluating compliance with bulk storage and spill reporting laws. Thorough due diligence allows buyers to negotiate purchase prices, allocate risk, and design remediation plans that satisfy lenders and regulators. We also collaborate with environmental consultants to quantify risks and develop strategies to mitigate liability, whether through contractual allocations, insurance or Brownfield program participation.

The Clean Water Act (CWA) governs the discharge of pollutants into navigable waters, while New York’s State Pollutant Discharge Elimination System (SPDES) applies comparable standards at the state level. Securing a permit requires comprehensive applications that outline effluent limits, best management practices, and monitoring plans. We assist municipal and industrial clients with obtaining NPDES and SPDES permits, negotiating permit conditions, and addressing agency comments to ensure compliance and operational efficiency.

We help clients develop stormwater pollution prevention plans and counsel them on compliance with effluent limitations and sampling requirements. When regulators allege violations, we represent clients in administrative proceedings and negotiate consent orders. We also assist in challenging or defending water quality permits through Article 78 proceedings and appeals. To learn more about our approach, browse our environmental and administrative practice pages or our blog post on when you can challenge denied water quality permits.

New York’s BCP encourages redevelopment of contaminated sites by providing tax credits and liability protections to developers. Qualifying properties can receive refundable tax credits for site remediation, tangible property costs and redevelopment. The program also offers a liability release from the state once cleanup is complete. The Firm guides clients through each stage of the BCP, from determining eligibility and negotiating the Brownfield Cleanup Agreement to overseeing remedial investigations and implementing cleanup plans. We coordinate with environmental consultants to prepare remedial investigation reports and work plans, submit progress reports to the Department of Environmental Conservation and negotiate Certificates of Completion. Participation in the BCP can enhance project financing and marketability while addressing environmental risks. In addition to financial incentives, the BCP helps transform blighted properties into productive community assets by addressing environmental stigma.

Our attorneys also coordinate with local industrial development agencies to secure payment in lieu of taxes (PILOT) agreements and other incentives that complement Brownfield tax credits, making redevelopment projects more attractive to investors. For additional reading, explore our blog posts about due diligence.

An Article 78 proceeding is a special litigation device under New York law used to challenge the actions or decisions of state and local agencies. In environmental matters, it may be appropriate when a permit application is denied, conditions are imposed that exceed statutory authority or an agency fails to follow mandated procedures. Because Article 78 petitions must be filed within a short time—often four months from the challenged determination—prompt consultation with counsel is essential. Our attorneys evaluate whether the agency acted arbitrarily, capriciously or outside its jurisdiction and prepare petitions seeking annulment or modification of the decision. We have successfully challenged zoning denials, SEQR determinations and enforcement actions across New York State. For practical guidance, see our blog posts on Article 78 and our administrative law practice page.

Yes. While our headquarters are in Albany, The West Firm advises clients across New York and throughout the United States. Environmental issues often involve federal laws and agencies such as the U.S. Environmental Protection Agency, the Army Corps of Engineers and the Federal Energy Regulatory Commission, and our attorneys regularly represent clients before these agencies. We also work with local counsel in other jurisdictions to address state-specific requirements. 

Whether you operate a manufacturing plant in the Midwest, a renewable energy project in New England or a solid waste facility in the Southeast, our team applies the same depth of knowledge and strategic insight. Our multi-disciplinary approach  to provide seamless service across jurisdictions. Modern technology allows us to communicate effectively with clients in distant states, and we regularly travel to project sites when necessary. To learn more about our attorneys’ backgrounds, visit our attorneys page (https://www.westfirmlaw.com/attorneys). If you would like to discuss your environmental matter, please reach out through our contact page .