REAL ESTATE

Acquisitions/Dispositions

Affordable Housing

Banking & Finance

Bankruptcy

Business Entity Formations

Commercial Development

Commercial Leasing

Common Interest Developments

Conservation Easements

Construction

Distressed Assets, Loan Workout and Creditor's Rights

Employment/
Fair Housing Act

Environmental

Land Use

Litigation

Redevelopment

Residential Developments

Tax/1031 Exchange

Water

Business Services

Construction

Employment

Health Care

Litigation

Public Law

Real Estate: Environmental

Environmental law is a major concern for those involved in the financing, purchase, development, use and sale of real estate.  Environmental issues can also be a hurdle in negotiating leases, easements, or other agreements affecting real property or when dealing with lenders.

To do environmental law right, you need a legal team with broad and deep expertise and experience—a legal team that knows the law and knows your business.  At McDonough Holland & Allen PC, we can be your sole legal source for advice, planning, transactions and dispute resolution in the area of environmental law.

McDonough's environmental attorneys are committed to providing superior value to our clients by delivering high quality services at a fair price, helping clients avoid regulatory pitfalls, and offering practical solutions to environmental problems.

The environmental group is a multidisciplinary practice group of attorneys who are experienced in environmental matters relating to air quality, water quality and hazardous materials. The group consists of experts in real estate, public law, litigation and water law who work collaboratively to help clients prevent and/or respond to the full range of environmental concerns.

Our Client-Centered Approach
Our services are client-specific, not "one size fits all." At the outset of our representation, we listen carefully to each client's issues and tailor an appropriate solution. We believe that responsiveness to clients' needs and open communication are the foundation of a successful attorney-client relationship.

Our commercial real estate attorneys offer the full range of services—always viewed within the context of the overall business goals of an owner, developer, operator, investor or lender.

• Real property acquisition due diligence and documentation: Developers, investors and lenders acquiring an interest in real property – whether the interest is an ownership interest, leasehold interest or security interest – face the risk of taking on liability for known or unknown hazardous materials contamination.  We help clients identify, evaluate and resolve potential hazardous materials issues prior to property acquisitions—including Phase I and Phase II environmental assessments.
• Soil and groundwater cleanups: We help clients with all aspects of water, air and hazardous waste cleanups—from discovery using due diligence, to selecting contractors, to overseeing legal aspects of the cleanup, to negotiating closure with the appropriate regulatory agencies. McDonough environmental attorneys have experience dealing with the full spectrum of sites – from facilities on the U.S. EPA’s National Priorities List to leaking Underground Storage Tanks (USTs).  We work closely with clients to formulate an overall strategy that focuses on shifting liability where possible and/or obtaining funding from third parties, government cleanup funds, or insurance proceeds.
• Compliance counseling: We help real estate clients achieve and maintain compliance with the complex web of environmental laws and regulations pertaining to water quality, air quality and hazardous substances.  We assist in identifying and meeting regulatory obligations, whether on a case-by-case basis, or as part of an overall “environmental audit.”
• Permitting assistance: We help real estate clients identify and obtain all required local, state and federal permits needed to purchase, develop, use and sell real estate.  MHA environmental attorneys will also negotiate the permit terms with the issuing regulatory agency.
• Enforcement defense: We represent real estate clients in administrative, civil and criminal environmental enforcement actions—initiated by government officials or “citizen suits.”  We quickly evaluate the strength of the enforcement case and work closely with clients to formulate an overall strategy.  McDonough environmental attorneys will give pragmatic advice on whether to “fight or pay,” recognizing that often such choices are made on the basis of “business decisions” about the anticipated cost of defense.
• Regulatory advocacy: Because of our location in California’s capital city and working relationship with regulators, we help real estate clients advocate their issues in front of the legislative bodies that enact environmental laws and the regulatory agencies that implement and enforce them.
• Toxic exposures: We help real estate clients defend against claims relating to exposure to toxic substances like asbestos and mold. We also provide compliance advice and litigation defense relating to California’s “Prop 65.”
• Tax-related issues: We help real estate clients anticipate and deal with the tax aspects of environmental issues.  McDonough environmental attorneys can assist in dealing with the State Board of Equalization regarding environmental taxes incurred as a result of generating hazardous waste or facility fees.
• Insurance-related issues: We help real estate clients obtain insurance coverage for environmental liabilities and defend against environmental liability claims.

Our environmental group offers extensive experience helping clients negotiate the environmental aspects of urban in-fill projects, including the conversion of contaminated military bases for residential development.

Our clients are individuals, public and private companies, government agencies, and institutions. They are owners, operators, investors, lenders, insurers, developers and builders involved in real estate projects with environmental issues or concerns.

When it comes to environmental law for the commercial real estate industry—whether advice, planning, transactions or dispute resolution—the lawyers at McDonough Holland & Allen PC will do what it takes to help you “Do it right."