Even before the concept of Brownfields development came to the attention of public and private entities, members of Carlton Fields had been very involved in the development and implementation of this approach to the environmentally sound reuse of otherwise discarded, underutilized, or even abandoned properties.
Carlton Fields environmental attorneys have been involved in drafting Brownfields legislation, and are regularly called upon to speak on the subject of Brownfields and related topics.
Our attorneys have been involved in numerous Brownfields projects throughout Florida.
Noted Authorities on the Subject of Brownfields
Carlton Fields attorney Roger Schwenke was involved in drafting the Uniform Environmental Covenants Act, which assists in the creation and enforcement of environmental institutional controls that form a critical part of successful Brownfields development. Almost half of U.S. states, as well as the District of Columbia and the Virgin Islands, have now adopted the Uniform Act or a variation of it. Mr. Schwenke has met with senior staff at the Florida Department of Environmental Protection to advise on adoption of some parts of the Uniform Act as additions to Florida statutes, FDEP rules, and FDEP guidance and policies.
Our environmental attorneys are writers on the subject of Brownfields.
- Roger Schwenke and Ken Tinkler authored the Florida Chapter in the second edition of “Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property,” published by the ABA's Section of Natural Resources, Energy and Environmental Law.
- Roger Schwenke is preparing a Florida chapter to the ABA’s Treatise on Institutional Controls.
- Nicole Kibert co-authored the article, "Turning Brownfields into Vital Community Assets,” in Washington D.C., Neighbor Works (1999).
Our attorneys have spoken at events including the EPA’s Contaminated Soils Forum and the Annual Florida Brownfields Conference on a variety of related topics including:
- institutional controls
- EPA’s Superfund Program
- funding and lenders issues
- environmental insurance
- vapor intrusion
- environmental justice
- combining historic preservation and Brownfields incentives
- green buildings and renewable energy issues
- affordable housing on Brownfield sites
- nuances of the Voluntary Tax Credit Program
Representative Projects
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The Waters Center Brownfield (Tampa, Florida). This 18-acre location is the site of a former circuit board manufacturing facility. The site has groundwater contamination issues, RCRA issues, a large scale dredging of an adjacent stormwater facility, as well as traditional Brownfield issues and sale of resulting Voluntary Cleanup Tax Credits (VCTCs). The firm handled acquisition of the site from a former owner, as well as adjoining parcels for potential redevelopment, and is handling the sale of the facility.
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The Microvia Brownfield (Casselberry, Florida). The Microvia Brownfield is the site of the former circuit board manufacturing facility. Carlton Fields assisted through the first Brownfield designation of the site, and implementation of the site assessment and related site access issues. The site is now in monitored natural attenuation and pending sale and redevelopment as part of Casselberry’s Belle Avenue redevelopment corridor. Carlton Fields handled the sale of the VCTCs resulting from site work, as well as contracts for potential redevelopment.
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The LD Plante Brownfield (Oviedo, Florida). The LD Plante Brownfield is the site of the former Florida Drum recycling facility and Polymetrics paint facility. The site involves issues of mixed groundwater contamination plumes and soil impacts from a variety of historical operations. Carlton Fields handled the designation process with the Seminole County government, as well as sale of the VCTCs and overall regulatory and redevelopment strategies.
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The Envirofocus Technologies Brownfield (Tampa, Florida). The Envirofocus Technologies Brownfield is an operating battery recycling facility designated in 2008. The site is in the middle of redevelopment, including construction of site-wide slurry wall and cap under RCRA, and construction of a new building and recycling facility including a LEED certified Hygiene Building. The facility will create 100 new jobs. Carlton Fields is involved in site designation, RCRA regulatory issues, the Brownfield Bonus credit process and procurement of VCTCs.
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The Westshore Landings One Brownfield (Tampa, Florida). This is a 3.7 acre site which was formerly a landfill, and later the site of the local jail. This novel project involved the donation of land by Hillsborough County for the construction of 57 workforce housing units under a Condominium/Community Land Trust model. Carlton Fields assisted our client in obtaining a Brownfield designation from the City of Tampa, an EPA/County Revolving Fund Loan and Sub-grant, as well as a State of Florida Brownfield Loan Guarantee, CWHIP funding and voluntary tax credits. The project includes a passive landfill gas collection system as well as engineering controls to prevent contact with impacted soils permitted under a County Environmental Protection Director’s Authorization and the BSRA.
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Former industrial site (Pensacola, Florida). Carlton Fields worked with and represented the City of Pensacola in connection with redevelopment of a former industrial waterfront area into a festival park, auditorium, and future commercial development site. The area had been used for heavy industry since the late 1800s, and has petroleum impacts as well as other contamination. Carlton Fields assisted with negotiations to resolve all regulatory issues in connection with the site development plan and negotiated institutional controls and deed restrictions with the State. Although the Pensacola property is not formally designated as a Brownfield site, this site has many of the serious environmental issues typically related to reuse of properties historically used by heavy industry.
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The Old Hopewell Road Brownfield (Tampa, Florida). We handled one of the first Brownfields designations for this site in Hillsborough County. We successfully worked with the County and EPA to obtain EPA grant funding for the performance by the County of $100,000 of assessment work on the site, and are close to completing assessment and moving into remedial action and redevelopment.
Related Experience
We have also developed extensive use and reliance on environmental insurance products to facilitate transactions involving contaminated properties. Carlton Fields environmental lawyers have extensive experience with all of the major underwriters' policies on Florida properties to cover environmental contamination, including coverage for known conditions and policies that will “wrap-around” and supplement the State of Florida Petroleum and Dry-Cleaner Cleanup Programs.
Our legal team also includes former local government attorneys who have good relationships with the staff and attorneys who will handle the City and County portions of the designation process.