Three ELPO Law Environmental Law attorneys have been published in a resource book for the American Bar Association. LaJuana S. Wilcher, Sarah P. Jarboe, and Joye Beth Spinks wrote the 22nd chapter of the Fifth Edition of the Environmental Aspects of Real Estate and Commercial Transactions: Acquisition, Development, and Liability Management resource book.
This book was co-authored as an updated guide to the issues, problems, and pitfalls that can arise when real estate, business, and environmental law intersect. The book serves as a resource for lawyers conducting real estate and commercial transactions to inform them about environmental law issues to consider when doing real estate transactions.
Specifically, Wilcher, Jarboe, and Spinks wrote Chapter 22: Wetlands Considerations in Real Estate Transactions. An often overlooked aspect of real estate transactions is the potential need to obtain a permit under section 404 of the federal Clean Water Act (CWA) before engaging in activities such as land clearing, earth moving, or beginning construction. Before entering into a real estate transaction, all parties should try to determine whether jurisdictional wetlands are present on the property and, if so, the time frame and costs for obtaining necessary permits to use or develop the property. Delays and costs associated with obtaining a section 404 permit can be considerable and should be evaluated when agreeing on the terms and price for real estate.
How wetlands affect an individual or company seeking to purchase and/or develop a piece of property is currently an issue of great interest in environmental law as the law changed in 2020 and could very well change again in the near future with the incoming administration. The complete over 700 page version of Environmental Aspects of Real Estate and Commercial Transactions: Acquisition, Development, and Liability Management, Fifth Edition is available for purchase on the American Bar Association website here. The full book was co-authored along with Wilcher, Jarboe, and Spinks by a team of accomplished real estate, environmental, tax, land use, and business lawyers and technical experts, in private practice, corporations, government, and law schools. To learn more about ELPO Law, visit www ELPOLaw.com.