For 15 years, Keith Walker has practiced environmental law. His main form of expertise is in brownfield redevelopment and complex remediation and human health risk mitigation projects in the context of federal, state and local regulatory compliance in order to obtain the much sought-after “No Further Action” letters. His practice also involves the performance of extensive environmental risk management in the pre-acquisition, financing and development phases. In addition, his work includes cost recovery litigation in both state and federal court.
Keith Walker represents residential, commercial and industrial developers, specializing in complicated sites with long and tricky histories, all while navigating a rapidly-changing regulatory landscape where cleanup and exposure standards are completely in flux. His technical knowledge regarding the science behind the decisions of the regulatory agencies enables him to problem-solve and help clients through to achieve written regulatory closure in the perspective of purchasing, redeveloping, leasing and/or divesting properties and real estate portfolios, often taking the same client through each of these processes.
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 for a wide variety of Property. In addition, Keith counsels property owners, developers, borrowers 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.
Pre-Acquisition Environmental Risk Management 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 may 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.