Using Environmental Experts in Commercial Negotiations

Too often we only think of employing environmental experts in an adversarial context. In truth, battles between experts rarely assist in advancing negotiations and often become the issue that unnecessarily kills deals. We suggest a change in strategy. Utilize your experts earlier in the negotiating process, before the process becomes…

How Landlords Can Protect Health & Avoid Liability During Covid-19

States have needed to continuously update their coronavirus response protocols as infection rates rise and as the world learns more about the Covid-19 pandemic. Moreover, the Centers for Disease Control and Prevention (CDC) also provides guidance that states, business owners, and landlords should follow. Landlords and businesses are expected to…

The End of The Transfer Act

The Connecticut legislature overwhelmingly voted to sunset the Connecticut Transfer Act, the law which has regulated contaminated properties in the state for the last 35 years. Instead, Connecticut will shift to a release-based remediation program where “any person who creates or maintains a release to the land and waters .…

New Transfer Act Changes Reflect A Friendlier Business Environment

Is there light at the end of the tunnel? Last month Governor Lamont signed Public Act No. 19-75, a new law that amended several provisions in the Transfer Act. These amendments are favorable to the regulated community and are designed to narrow the scope of real properties and businesses that…

Practicing Law In The Age Of E-Commerce:  Navigating A Dispute With eBay

Even though I am technically considered a millennial, I distinctly remember a time when technology was not an integral part of my life. Today, it would be foolish to fail to recognize its significance in my daily life and prevalence in the practice of law on many different levels. One…

Change the Transfer Act to Save It

I have always loved Yogi Berra. He was a Hall of Fame player and a Hall of Fame creator of peculiar expressions. My favorite Yogiism is “When you come to a fork in the road, take it.” Although not a Yogiism, I am also fond of the expression, “Don’t throw…

Practical Environmental Due Diligence Tips for Transfer Act Site Sellers

Over 30 years ago, when my oldest son Eric was about 7 years old, he wrote a story entitled, “What I Want to Be.” It started with a singular line. “When I grow up I want to be an environmental layer.” Yup. He wanted to be a “layer” just like…

Can Your Environmental Lawyer Be a Profit Center?

I still remember a site inspection that I performed more than 30 years ago. I had already represented Company X for some time and was not surprised when its President approached me. However, I was a bit taken aback when he said, “What are you doing here?’’ I got the…

A Connecticut Environmental Lawyer’s Take on Why Deals Die

As a relatively small firm, we have been involved in a surprising number of major development projects. We have represented buyers, sellers, and lenders on very substantial acquisitions and represented large corporate clients in court and arbitrations as plaintiff’s counsel or defendant’s counsel. We have had many successes (which feel…

Protecting Your Property From Tenant Activities That May Trigger The Transfer Act

One of the most common issues we face when representing landlords is the unexpected triggering of the applicability of the Transfer Act, Conn. General Statutes §22a-134, et seq., by a tenant. This typically occurs when the tenant becomes an “Establishment” under the Transfer Act by generating greater than 100 kilograms…