Overview

We advise companies on the environmental cleanup, investigations and permitting requirements related to plant closings. Our lawyers provide valuable, efficient guidance to help clients effectively address immediate and long-term environmental issues and to ensure compliance with applicable federal, state and municipal laws during plant shutdowns. By handling the full range of environmental issues, we help clients focus on other critical pre-closure business decisions.

Our Environmental practice group assists clients in cost-effectively mitigating risk associated with the transfer of brownfield properties (i.e., properties that are or may be contaminated). The risks related to transferring such properties can include environmental issues stemming from past property uses that may be discovered during the buyer’s due diligence (which make contract negotiations more complex) or after the sale (which may lead to indemnity, cost recovery or toxic tort claims).

We assist clients in understanding the various options and their respective costs and benefits. One size does not fit all. Good decisions are based on a thorough evaluation of the unique facts and circumstances for each property and consideration of the company’s objectives, with input from the company’s environmental and real estate managers, environmental consultants and experienced environmental counsel.

We have helped businesses of all sizes across the country – from small family-owned enterprises to international companies – close, decommission, remediate and sell former industrial properties. Our experience encompasses addressing issues related to unique state laws, such as the Connecticut Transfer Act, New Jersey Industrial Site Recover Act and Ohio Cessation of Regulated Operations law. We also assist companies with developing and implementing corporate programs for closing, decommissioning, remediating and selling former industrial facilitates.

Podcasts
Environmental L.A.W.S.: Learning from the Past and Planning for the Future
August 5, 2020

A discussion between Thompson Hine partners Devin Barry and Joel Eagle

In this podcast, Devin shares some observations on clients’ compliance challenges arising from COVID-19, and discusses with Joel how these challenges can be used to develop future COVID-19 compliance and enforcement defense strategies. Join us for this lively discussion that will be of interest to in-house counsel and EHS managers interested in proactively addressing compliance as the pandemic continues to create challenges throughout 2020.

Environmental L.A.W.S.: Manufacturing Plant Closures: Legal Compliance & Strategic Decision-Making for Investigation, Remediation & Sale
September 1, 2020

A discussion between Thompson Hine partners Andy Kolesar and Wray Blattner.

In this episode, Andy shares his insights on strategic considerations for companies closing former manufacturing plants (something happening more frequently as a result of the COVID-19 pandemic) that can lead to favorable outcomes in terms of complying with legal requirements, conducting cost-effective cleanups and maximizing the sale price. Andy and Wray discuss the pros and cons of mothballing former manufacturing properties, the risks and benefits of Phase II sampling to help quantify cleanup costs, long-term risk management considerations, and the key elements of effective corporate-wide plant closing and remediation programs. Join us for this lively discussion that will be of interest to in-house counsel, EHS managers and corporate real estate professionals who are facing (or will face) the challenges presented by plant closures.