Environmental Due Diligence in Real Estate: Avoiding the Abyss

Kotz Sangster environmental attorney Philip A. Grashoff, Jr. served as moderator for an Oakland County Bar Association and Commercial Board of Realtors seminar on June 15, 2016. “Environmental Due Diligence in Real Estate: Avoiding the Abyss” was presented by the bar association’s Energy, Sustainability and Environmental Committee and the Real Estate Law Committee and took place at WMU-Cooley Law School.

A seasoned environmental attorney, Phil brings 40 years of experience to his clients, providing advice and assistance with increasingly complex environmental issues. He has represented clients in a wide array of matters, including: facility compliance and permitting; land use issues; statutory and regulatory compliance; environmental matters arising out of real estate transactions, mergers and acquisitions, due diligence; groundwater and soil remediation; environmental litigation defense against superfund claims and prosecuting and defending toxic tort actions; state and federal administrative and regulatory issues. Additionally, Phil has been listed as one of the Best Lawyers in America in Environmental Law and Environmental Litigation for 25 years.

Attending the seminar on behalf of Kotz Sangster’s Real Estate Practice Group was Edward S. Gusky, who was named Real Estate Practice Group Leader in 2015. Ed focuses his practice on all aspects of real estate law, including complex real estate transactions and financing. He represents both borrowers and lenders in sophisticated financial transactions, including multi-family residential properties, commercial shopping centers and office buildings on developed and raw land projects in Michigan and throughout the nation.

Program topics included:

• Legal liabilities/risks associated with the purchase/sale of brownfields or properties with other environmental issues such as wetlands or endangered species.

• Assessing the environmental condition of real property through environmental assessments, natural resource assessments, hazardous building material surveys, and environmental insurance and brownfield incentives / tax abatements.

Drafting transactional documents to minimize environmental liabilities and spread risk.