Environmental Impact Review in Real Estate Transactions


This practice note deals with environmental impact reviews, which real estate practitioners confront in a wide variety of real estate development projects. Such reviews may be required for new developments, redevelopments, improvements on existing properties, or renovation projects. They may also be required in large-scale projects like shopping centers or residential developments, or relatively small-scale projects like warehouses. These reviews examine the potential impact of a project on habitats, wildlife, air and water quality, and a broad array of other environmental concerns. They are most often seen in the context of review under the National Environmental Policy Act (NEPA), but are also required in the context of permitting under the Clean Water Act (CWA) and Endangered Species Act (ESA).