Landowners with interests in redeveloping brownfield properties seek Keith's direction for handling the complex remediation work necessary for obtaining case closure from governmental agencies. This often involves environmental due diligence during real estate acquisition, financing, and development phases, and quite frequently federal and state environmental response cost recovery litigation.
Brownfield Redevelopment/Regulatory Compliance Advisor
Guiding clients through the regulatory closure process, Keith has extensive experience coordinating the investigation and remediation necessary for obtaining "No Further Action" status so that former commercial and industrial properties can be redeveloped. In addition, Keith counsels property owners, developers, and lenders on the most effective ways of addressing human health risks in order to avoid the risk of future toxic tort liability. He has substantial experience advising clients on most effective methods for managing environmental risk, for example through negotiation of effective indemnities and the purchase of environmental insurance policies.
Environmental Litigation Counsel
Keith has successfully litigated landmark federal cost recovery suits, including the first case to uphold a plaintiff’s ability to assert the bona fide prospective purchaser defense to counterclaims asserted under the Comprehensive Environmental Response, Compensation and Liability Act (3000 E. Imperial, LLC v. Robertshaw Controls Co.). He also has valuable experience using pretrial litigation to compel otherwise recalcitrant responsible parties to provide reimbursement for environmental assessment and remediation costs.
Environmental Due Diligence For Real Estate Developers
Keith performs complex environmental due diligence for site acquisitions involving single property acquisitions, purchases of numerous contiguous properties as part of a regional development plan, and acquisition of hundreds of properties in numerous states across the country, including industrial and residential portfolios where multiple extensive cleanups will be ongoing for years.
Negotiator Of Environmental Insurance Policies
Keith negotiates environmental insurance policies on behalf of owners and developers of individual properties and for larger portfolios. He is also successful at resolving claims for coverage for numerous sites, securing reimbursement for remediation costs amounting to millions of dollars.