Brownfields/Military Base Reuse

The redevelopment of contaminated properties carries particular legal challenges. SMW advises clients on the process of acquiring and developing such “brownfield” properties, including former military bases and industrial sites. The firm drafts regulatory agreements for reuse of contaminated property, retains and coordinates with hazardous materials experts, and works with the California and federal Environmental Protection Agencies, the Department of Toxic Substances Control (DTSC), various Regional Water Quality Control Boards, and local hazardous materials regulatory officials. Examples of the firm’s brownfields work include:

Naval Air Station Alameda
  • Naval Air Station Alameda: The firm represents the City of Alameda in negotiations with state and federal agencies, as well as potential developers, for the transfer, cleanup and reuse of the NAS Alameda and the Fleet Industrial Supply Center, Alameda.
  • Sacramento Docks: The firm advises the Sacramento Housing and Redevelopment Agency with regard to the Docks project, a planned, mixed use brownfields project on the east bank of the Sacramento River adjacent to downtown Sacramento, including hazardous materials remediation and liability, deed restrictions, a DTSC environmental oversight agreement, flood control issues, and property acquisition.
  • Sacramento Railyards: The firm advised the City of Sacramento on the cleanup of hazardous materials at a state superfund site located on the former Southern Pacific Railroad/Richards Boulevard redevelopment area, represented the City in negotiations concerning cleanup standards, and drafted the Hazardous Substances Element for the Railyards Specific Plan.