Fognani & Faught, PLLC - Attorneys at Law
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Brownfields Redevelopment
The Firm's brownfields practice is unique. Unlike traditional brownfields practices, which are primarily regulatory in nature, the Firm uses multifaceted approaches to arrive at innovative solutions to brownfields projects. For example, several of the Firm's attorneys were instrumental in establishing new industry standards by successfully utilizing cutting edge, legal and technical approaches to three brownfields projects. Other examples include:
  • Negotiated consent decrees with federal and state agencies to identify and implement less costly alternatives for property remediation in a manner consistent with community needs and environmental quality concerns.
  • Employed novel theories to shift liability for property remediation from the client to the appropriate party or parties.
  • Assisted clients in the use of non-corporate assets within tax-free structures to accomplish property remediation.
  • Negotiated regulatory yet sophisticated solutions with federal, state and municipal agencies to maximize redevelopment opportunities. For each brownfields project, the Firm looks at all the available "tools" in the "toolbox" to determine which tool or combination of tools will best effectuate the goals and requirements of the client.


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