Retailers & Retail Store Compliance
Our attorneys work with a variety of major retailers and retail developments in addressing the many environmental circumstances and conditions that can result from the acquisition, development, renovation, operation, or sale of retail stores and/or retail complexes, including shopping malls.
Our attorneys have extensive experience advising on a variety of environmental issues typically encountered during site development, including building on contaminated property, addressing onsite remediation, dealing with prior recognized environmental conditions, advising on wetlands and dredge and fill issues, advising on flood plain and flood plain location issues, and advising on various specific, local rules and regulations that vary as a function of jurisdiction and geography.
In addition to advising on development issues associated with retail complexes, our attorneys also routinely advise on the environmental due diligence aspects of the purchase, sale, and refinancing of existing complexes, including issues related to renovation and demolition. These issues include assessment of current environmental conditions, legal obligations, asbestos-related compliance issues, PCB-related compliance issues and underground storage tanks and onsite waste disposal and handling. Our attorneys are very familiar with the many requirements and legal regulations that affect the day-to-day operation of a shopping center and have advised not only on the issues already mentioned but also on the environmental issues associated with basic building infrastructure such as CFC recovery, air conditioning maintenance, cooling tower maintenance and related items, including spill and release reporting, fire response, emergency evacuation and life safety code issues.
Our attorneys regularly advise clients in the retail industry on lease terms and conditions, both from a landlord and tenant perspective, including representations and warranties related to environmental conditions and conduct. Additionally, our attorneys regularly advise on a variety of hazardous waste and solid waste disposal classification issues, including assisting in the determination of the proper environmental classification prior to disposal of various items.
Finally, in those relatively rare cases where actual enforcement action is threatened or contemplated, our attorneys have a demonstrated record of achieving excellent results on behalf of their clients. These activities also include all state and local requirements associated with shopping center operations, including, for example, Proposition 65 in California.
