Environmental Aspects of Real Estate and Commercial Transactions: From Brownfields to Green Buildings, Third Edition

This comprehensive guide examines the issues, problems and pitfalls involved in the intersection of real estate, business, and environmental law. A unique and practical resource, Environmental Aspects of Real Estate and Commercial Transactions, Third Edition, covers the entire range of environmental issues that arise when real estate is developed, operated, sold, or financed.

Edited by James B. Witkin, the chapters in this expanded and updated compendium are written by a team of 45 authors who include accomplished real estate, environmental, tax, land use, and business lawyers and technical experts, in private practice, corporations, government, and law schools. All chapters have been substantially revised to reflect changes in law and practice, and new chapters have been added on these increasingly important practice topics: conservation easements, brownfields redevelopment at military bases, smart growth initiatives, and environmental justice.

The clearly written, detailed, and timely chapters cover all aspects of the environmental issues that must be considered in the purchase, sale, or finance of office, retail, manufacturing, or multifamily properties. The book's 32 chapters are organized into five parts for quick access to pertinent information:

Part I: Basic issues of environmental liability - both statutory and common law. These chapters deal specifically with lender liability, plus chapters on environmental disclosure requirements and criminal environmental liability.

Part II: Environmental due diligence. Covers the environmental audit process, the role of environmental consultants, and the science necessary for understanding consultants' reports.

Part III: Environmental matters in the transactional and business context. Includes documentation for allocating environmental risks, landlord-tenant environmental issues, tax, securities and bankruptcy issues related to environmental matters, and valuation of environmentally impacted properties. Also features chapters on brownfields, institutional controls often used at brownfields sites, and environmental insurance.

Part IV: The most common environmental problems affecting developed properties. Topics include underground storage tanks, asbestos, lead-based paint, radon, indoor air pollution, and electro-magnetic fields.

Part V: Environmental problems that arise in the land development process. Chapters focus on wetlands, endangered species, stormwater issues, the constitutional 'takings' implications of environmental laws, environmental justice, conservation easements, brownfields redevelopment of military bases, and smart growth.
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