At Helsell Fetterman we understand the environmental and land use challenges and pitfalls you face in doing business and using land in Washington State. We guide you through the thicket of environmental laws and regulations, and help you make the right choices with practical and cost-effective solutions. Whether you are responding to the discovery of contamination on or migrating from your property, looking to acquire and develop contaminated property, or ensuring your operations comply with environmental laws and regulations, we can help.

We provide comprehensive legal services to property owners and developers. In addition to our real estate transaction and land use practices, our attorneys are able to address legal issues involving environmental laws that arise in the course of buying, selling, owning or developing contaminated property. We assist you in assessing and mitigating risks as a buyer or seller and in responding to notices from regulators or claims from other property owners. In addition, we work through the cleanup process – from investigation to completion – and ensure that those responsible for funding the cleanup contribute their fair share.

We also have broad experience helping industrial and commercial businesses in dealing with environmental regulation, permitting, compliance and proactive planning. We have extensive, “hands on” litigation experience in matters involving government enforcement (including Superfund), and private lawsuits brought under state and federal environmental laws. We have successfully represented clients facing environmental proceedings in the aluminum, steel, maritime, and petrochemical industries, as well as many small businesses

Matters Include:

Purchase and Sale Due Diligence

• Assemble and analyze property records
• Coordinate Phase I and II Environmental Site Assessments
• Assess legal risks of purchase/sale
• Advise regarding potential risk mitigation measures
• Negotiate risk allocation provisions

Property Cleanup

• Negotiate with regulatory agencies
• Environmental consultant coordination
• Potential liability party search
• Insurance research and claim pursuit
• Cost recovery actions
• Toxic tort action

Compliance

• SEPA/NEPA
• Shoreline Management Act
• Clean Water Act/NPDES permitting
• Clean Air Act permitting
• Waste handling
• Environmental audits