We find it difficult to separate environmental law from real estate law. Environmental law has a profound impact on real estate, often making a property unbuildable or uneconomic. It is difficult to fully understand the implications of the development of a particular property without understanding the impact that environmental regulations may have on that property. It is for this reason that Mr. Boehnert chose to concentrate his practice in the areas of real estate and environmental law. Unlike most practitioners in Rhode Island, when focusing on a real estate transaction he is not required to increase the cost of the transaction to his client by adding an environmental lawyer to the representation.
Our firm represents clients in environmental permitting transactions most commonly encountered in the ownership and development of property in Rhode Island, primarily before the Rhode Island Department of Environmental Management, the Coastal Resources Management Council, the Rhode Island Department of Health, and the Narragansett Bay Commission.
Environmental remediation activity generally involves the treatment, disposal and/or encapsulation of hazardous material. This work is often done under the requirements of the Rhode Island Industrial Property Remediation and Reuse Act.
We have extensive experience in representing clients before the Rhode Island Department of Environmental Management in negotiating agreements for property remediation, including the former Settlement Agreements and Covenants Not to Sue and the current Remedial Agreements. This work has involved large and small projects, including former oil storage facilities and contaminated mill sites.
Oftentimes this work is an integral part of proposed development activity and must be carefully structured to not adversely impact the economics of the proposed development project and to result in the property being considered financeable by lenders.
Environmental Enforcement Actions
We also represent clients in notices of violation and enforcement actions brought by regulatory authorities to enforce environmental rules and regulations, including the Rhode Island Department of Environmental Management, the Rhode Island Coastal Resources Management Council, the Rhode Island Department of Health, and the Narragansett Bay Commission.