Managing Environmental Risks And Liabilities

An essential aspect of a commercial real estate transaction includes analysis and management of risk with regard to hazards in ground water and soil vapor intrusion across property lines. This topic is of critical importance for buyers and sellers of commercial properties, who must evaluate and address risk factors pertaining to adjacent properties as well as of a site in question.

Soil vapor intrusion may involve migration of volatile organic compounds into indoor airspace of buildings. Chemicals of interest may include:

  • Dry-cleaning solvents
  • Gasoline and petroleum
  • Pesticides
  • Chemical used in a wide variety of industrial activities

A Phase I Environmental Site Assessment (ESA) should evaluate whether a site is at risk for potential ground water or soil vapor contamination from on-site or nearby underground storage tanks, landfills or other facilities.

Owners, operators, buyers and sellers of commercial properties in New York City often look to Periconi, LLC, for candid legal counsel as to complex environmental issues. The earlier in the process the law firm comes on board, the more the necessary processes can be expedited. Attorneys of the firm can advise on inspections, regulatory compliance, remediation and cost allocations in the terms of a sale if properties are impacted by contaminated ground water or soil vapor. Analysis of adjacent properties is as critical as that on the property to be bought and sold.

Lawyers at Periconi, LLC have held positions with regulatory agencies such as the New York State Department of Environmental Conservation and the Environmental Protection Bureau of the New York Attorney General's office. This experience and years of private law practice following this significant government service have equipped the firm to help ensure that businesses clients and property investors understand and comply with legal requirements for purchasing, owning and using properties where ground water and soil vapor from adjacent properties may be contaminated.

Consult With A Trustworthy Environmental Law Attorney

Call 646-733-4487 or send an email inquiry to schedule a consultation on ground water or soil vapor impacts at adjacent properties before buying, selling or leasing commercial real estate in New York City, Westchester County or elsewhere.