environmental

Mechanik Nuccio's environmental practice includes assistance in assessing environmental aspects of real estate and business transactions; redevelopment of Brownfield and other types of environmentally impacted sites; environmental insurance policy advice, not including coverage litigation; environmental permitting, including wetlands related permits, for governmental, industrial and commercial facilities; wetland mitigation banking; water resources law; water and wastewater treatment permitting and compliance; environmental enforcement defense; and, legal advice in connection with the assessment and cleanup of contaminated sites.

Brownfields: We have assisted both private development interests as well as cities and counties in the designation and redevelopment of Brownfield areas covering multiple parcels and Brownfield sites focused upon single tracts including some of the largest such sites in the area. Projects include the Tampa IKEA site, the Lakeside Station Brownfield Area in Plant City and other Brownfield sites and areas underway or completed in Sarasota County, Manatee County, Jacksonville and Tampa.

Transactional clients: Our clients have included buyers, sellers, lenders, borrowers, tenants, landlords, estates and investors, among others, involved in a broad range of complex transactions involving multi-site and multi-state transactions. In many cases, we have assisted in environmental review, risk analyses and problem solving to facilitate the transaction while working closely with technical consultants. In addition, we have assisted clients extensively in connection with drafting and negotiating contract terms to address environmental issues before and after closing, securities reporting requirements and opinion letters related to environmental issues.

Environmental insurance: We have substantial experience in the analyses and negotiation of "pollution legal liability ","cost cap" and similar policies with the major carriers and in drafting endorsements to accomplish the goals of the insured within the context of offered language. We have provided this work on behalf of insured land owners, businesses and developers, but we also have experience in setting up insurers providing this type of coverage. In addition, the firm's experience includes the development and negotiation of insurance agreements between parties in complex transactions where environmental insurance is a significant factor in making the transaction possible. We have successfully negotiated a number of environmental insurance claims against major carriers.

Permitting: Mechanik Nuccio's experience includes wetlands permitting at local, state and federal levels including Clean Water Act Section 404 permits, air emissions and water discharge permits including PSD, NPDES, RCRA Hazardous Waste TSD facilities, Underground Injection Control or UIC permits, solid waste facility permits and other highly technical permits and approvals. Permitted facilities include commercial development, hazardous and solid waste disposal facilities, electric power generation, mining, chemical, manufacturing, and petroleum facilities. We have also worked on behalf of local governments in developing new solid waste recycling and disposal facilities.

Water resources law: The firm has experience in developing the legal documents to create and fund a regional waters supply utility, development of complex multiple well field consumptive use permits, development of legal documents for public funding of a large seawater desalination unit, and negotiation and drafting of an agreement to provide reclaimed water systems over a several county area involving several governments in Florida.

Environmental operational auditing: Our firm alsohas experience with assessing the permitting and compliance status of a number of industrial facilities including mines, power plants and manufacturing facilities. We have developed an approach in this regard which provides for record keeping and assignments of corrective actions while maintaining client protections in the future following the investigation.

Environmental enforcement defense: Mechanik Nuccio's experience includes defense of criminal and civil administrative actions by local, state and federal authorities including actions under RCRA, the Clean Water Act, the Clean Air Act and other statutes.

Assessment and cleanup of contaminated sites: Our experience includes over 50 federal CERCLA "Superfund" and numerous state sites where contaminated soil and groundwater are at issue including gas stations, rental car facilities, landfills, refineries, bulk terminals, dry cleaners, chemical plants, manufacturing facilities, farms and agricultural facilities, commercial and residential developments, and many other sites. We are familiar with the State of Florida's cleanup programs including the dry cleaner solvent program, Brownfields, and petroleum programs as well as the Florida risk-based cleanup regulations, federal Superfund, hazardous wastes and other programs.

Landfills: We have been involved in the redevelopment or initial licensing and development of a number of landfill sites including the specialized practice in Florida and Hillsborough County for the redevelopment of closed landfills. We have been involved with such redevelopment projects which have included shopping centers, restaurants, large office and commercial sites, "big box" retail stores, hotels and other uses. Our extensive environmental technical and legal experience allows us to provide a number of services to the client without incurring additional costs to "reinvent the wheel" such as standardized "Agreements for Consulting Services" to contract with consultants, and forms for many common documents such as environmental assessment access agreements, conservation easements, post closing environmental agreements, institutional control documents and other environmental documents. We often have contract language we can start with to address your situation, whatever it may be. Finally, our considerable agency experience allows us to quickly connect with the right person to find out the key information needed to answer crucial questions in many situations.

Please contact us for a list of clients and references.