Amy L. Reichhart

As a Partner in the firm’s Environment & Energy Practice and Team Leader of the firm’s Brownfield & Superfund Cleanup and Redevelopment Team, Amy focuses her practice on matters involving site investigation and remediation, brownfields redevelopment, environmental regulatory and enforcement matters, and all phases of litigation. She has extensive experience overseeing the cleanup of contaminated properties from investigation, through remediation, to site closure, and is fully versed in the regulatory and technical aspects of a complex site. 

Amy advises potentially responsible parties (PRPs), real estate developers and landowners in developing strategies and managing the investigation and redevelopment of contaminated properties and addressing complex environmental compliance issues. She also has extensive experience in challenging administrative determinations and defending enforcement actions before New York state agencies and assisting clients in performing environmental due diligence for real estate transactions and renewable energy projects. 

Prior to joining Lippes Mathias, Amy served as Counsel in Nixon Peabody’s Environmental team, where her practice included regulatory and enforcement matters, contaminated site investigation and remediation, brownfields redevelopment, transactional support and litigation. 

Amy’s experience focuses on the following areas.

BROWNFIELD AND SUPERFUND CLEANUP

Amy regularly navigates parties through both the New York State Brownfield Cleanup Program and the New York State Superfund process, successfully obtaining Certificates of Completion on behalf of PRPs, property owners and developers. In each instance, she has worked cooperatively with her clients, the New York State Department of Environmental Conservation (NYSDEC), local agencies and technical consultants to efficiently complete the remediation and redevelopment. Amy leads the legal team representing a New York industrial client in negotiating and implementing numerous Consent Orders with the NYSDEC for the investigation and remediation of suspected contaminated properties. She plays an integral role in working with her client to develop each element of the legal strategy, including negotiating with the NYSDEC, developing and implementing public outreach and communication plans and investigating the existence of, and negotiating with, other potentially responsible parties. The New York State Brownfield Cleanup Program brings value to a project, as successful completion results in New York State tax credits that off-set the costs of remediation and subsequent brownfield redevelopment. 

LITIGATION

Amy possesses over a decade of experience pursuing and defending claims in both New York State and federal courts, individually and as a member of a larger litigation team. Her experience includes successfully obtaining reimbursement for the costs of investigating and remediating contaminated properties from responsible parties through cost recovery suits (seeking common law damages) as well as through statutory claims under both the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and New York’s Navigation Law. In addition, she has extensive knowledge of the legal process used to challenge the determinations and decisions of regulatory agencies, including local, state and federal bodies. 

ENVIRONMENTAL REGULATORY COMPLIANCE

Amy has significant experience advising her clients negotiating and securing favorable outcomes for alleged environmental violations. She also has extensive project development experience, where she advises on the legal sufficiency of the permitting, environmental review, and development of proposed projects. Amy’s unique background in representing project proponents, municipalities and surrounding communities, allows her to truly evaluate a project from all sides and anticipate and address any issues and challenges before they arise. This is particularly beneficial in an agency enforcement context, where the ability to both anticipate your opponent’s arguments, and work cooperatively towards a mutually beneficial outcome, strengthens your strategic position.

RENEWABLE ENERGY

As a member of the renewable energy team, Amy supports clients in the successful development, financing, leasing and buying/selling of energy projects. She performs environmental due diligence  to assist clients in assessing the environmental condition of energy project sites and potential mitigation options regarding  environmental liabilities through evaluation of Phase I and Phase II Environmental Site Assessments for sufficiency, along with advising on permitting and compliance issues.  Amy also has experience in assisting with the siting of renewable energy projects on brownfield sites when contaminated property is involved.