Cases
Experience: Representative Matters: Represented a national homebuilder in an appeal of jurisdictional determination issued by the U.S. Army Corps of Engineers. Advised on the creation
preservation of a jurisdictional record prior to development of the property
for the prosecution of the appeal through the ACOE's administrative appeal process. The ACOE reversed its prior decision, which saved the client millions of dollars related to penalties
mitigation costs.
Represented a real estate developer in their acquisition of a former Superfund site in South Carolina. The work included assessing site conditions, developing a remediation strategy
drafting work plans with both federal
state regulators,
having large portions of the site delisted from the National Priorities List.
Represented the largest self-storage provider in the United States in a complex negotiation related to a Superfund site located in a heavily populated suburb of Los Angeles, California, with both the state Regional Water Quality Control Board
federal Environmental Protection Agency. The case involved a detailed site assessment which was conducted in conjunction with the environmental consultant
extended discussions with the regulatory agencies.
Represented a real estate developer with regard to the environmental investigation
remediation of one of the largest remaining municipally owned golf courses in Florida, as part of its redevelopment. Advice on the scope of the assessment, review of all draft reports prepared by environmental consultant, recommendations regarding remediation,
representation before regulatory agencies.
Advised one of the nation's largest real estate investment firms in developing a multi-parcel, multi-state l
bank on pre-acquisition analysis, due diligence,
remediation.
Represented a homebuilder in the reassessment of approximately 40-acres of required wetl
s preserve areas for potential development in Doral, Florida.
Represented a real estate developer in the $30 million purchase of a 1.75 acre site in Miami's Midtown neighborhood, to be developed as a mixed-use project containing approximately 389 multifamily rental units, 489 structured parking spaces,
approximately 28,000 square feet of retail.
Represented the largest self-storage provider in the United States regarding the resolution of a Miami-Dade County Division of Environmental Resources Management (DERM) enforcement action for an industrial site in downtown Miami, Florida. The work resulted in the issuance of a No Further Action determination allowing construction of the multi-story self-storage complex.
Represented one of the largest home construction companies in the United States in its undertaking of two large residential site developments in Central Florida. The representation centered on wetl
s-related work, particularly as it related to the delegation
assumption of the Clean Water Act's Section 404 program by the State of Florida. Developed novel, precedent-establishing protocols, entailing sophisticated analysis of federal
state case law
agency regulations, which led to securing the first 'No Permit Required' determination issued by the Florida Department of Environmental Protection subsequent to the assumption of the federal 404 program for both sites.
Advised a national homebuilder on the scope of local, state,
federal wetl
s jurisdiction involved in a complex, phased development with an over-forty year permit history. The representation included analyzing county
state regulations
convoluted permit history in order to evaluate the scope of each regulatory bodies' jurisdictional boundaries. Coordinated with the environmental consultant regarding the scope of the jurisdiction, reviewed all draft reports prepared by the consultant,
met with regulatory agencies as needed.
Represented a gas pipeline in the negotiation of a Memor
um of Underst
ing (MOU) with the Florida Department of Environmental Protection (FDEP) related to wetl
permitting for routine maintenance activities.
Represented a national homebuilder in development of a South Florida site that included Pine Rockl
, an endangered habitat located only in South Florida
protected by a variety of federal
local regulations. The representation included evaluation
analysis of county environmental regulations, coordinating
reviewing the environmental consultant's analyses
reports, coordinating with county staff regarding the characterization of the site,
making recommendations to the development team in order to preserve more habitat on site than required by the County Code of Ordinances. Obtained approval from the county regarding the proposed revised site plan, incorporating the preservation of the identified pine rock-l
on site.
Advised a real estate investment advisory firm developing a multi-parcel, multi-state l
bank on pre-acquisition analysis, due diligence,
remediation.
Conducted environmental due diligence for a real estate developer as part of the purchase of a former golf course in Palm Beach County, Florida. Conducted the review
analysis of technical reports, purchase agreements,
related documentation, with a view to making recommendations for remediation,
representation before regulatory agencies as needed.
Served as environmental counsel to a national real estate firm in its conversion of an agricultural property in Broward County into commercial industrial designation for use as a warehouse.
The above representations were h
led by Mr. Chibbaro prior to his joining Greenberg Traurig, P.A.
