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Murtha Cullina regularly represents clients in all aspects of environmental and land use law, including business and property transactions, particularly those involving property transfer laws, such as the Connecticut Transfer Act.

Our environmental attorneys skillfully navigate the complex regulatory aspects and leasing nuances associated with the Transfer Act. Any transaction involving the transfer of real estate, stock or business assets has the potential to trigger significant environmental liability issues. Our environmental lawyers bring years of experience to such projects. We help clients identify and address liabilities associated with both known and unknown environmental conditions to minimize risks and maximize options. We assist buyers and sellers with due diligence to evaluate the risks associated with a property transaction and to best understand the impacts of choosing whether the buyer or seller (or another party) should be responsible for any post-transfer investigation and remediation in addition to how that work is funded. We have negotiated escrow agreements, pre- and post-closing access agreements, and environmental remediation and indemnity agreements in order to allocate liability on a going forward basis. As part of this work, we advise our clients on the risks and benefits of the different options for liability, with the understanding that every transaction is different and every party to a transaction may have a different end goal or desire. We understand the different and frequently overlapping federal (Superfund and RCRA) and state transfer and remediation laws that impact those sites and help our clients to clean up these sites in concert with redevelopment plans. The Connecticut Remediation Standard Regulations have recently been revised and we are up to date on those changes so that we can advise clients on the best path forward in light of the changing regulatory environment.

Areas of Focus