WANDA CHIN MONAHAN

Representative Transactions

• Represents a large, national development firm with a strong New Jersey presence in the purchase and redevelopment of several contaminated sites.
• Represented a national developer which acquired a 380-acre site and was approved to build nearly 4 million square feet of industrial warehouse space. Ms. Monahan provided environmental due diligence services to negotiate the contract terms for the Client and currently oversees and coordinates the ongoing complex remediation and redevelopment with the development and environmental professional teams.
• Represented a national developer and served as environmental counsel to the client, who acquired a 177-acre former industrial property for $64 million. Ms. Monahan managed the client’s pre-acquisition environmental due diligence, negotiated contract terms and amendments, and coordinated the client’s environmental professionals, including the environmental consultant and environmental risk management firm. Significant issues that required resolution prior to closing included the seller’s management of on-site hazardous waste, TSCA-regulated PCB waste, and completion of remediation of specific areas of concern. Ms. Monahan advised the client of its post-closing obligations, including the importation of alternative fill, construction of engineering controls, establishment of institutional controls (CEA and Deed Notice), and management of newly-discovered contaminated soil. Ms. Monahan provided counsel in coordination with the client’s environmental risk management firm to procure an environmental insurance policy and continues to advise the client on management of insurance claims and closing the former ISRA cases on the site with NJDEP.
• Represented a national developer which acquired a 35-acre portion of one of the nation’s most infamous Superfund sites. Ms. Monahan advised the client on the results of the environmental due diligence and the remediation performed by the responsible party and negotiated an agreement allocating its post-closing obligations between the client and the responsible party. Ms. Monahan provided counsel in coordination with the client’s environmental risk management firm to procure an environmental insurance policy, advised the client on management of alternative fill, construction of the engineering controls and recordation of the deed notice. The client completed and sold the tenanted new, 193,805 square-foot logistics center.
• Represented a national developer in the acquisition of a 32-acre portion of a larger site subject to ISRA, with the seller retaining the remaining portion of the site. The client constructed a 658,946-square foot logistics facility. Ms. Monahan advised the client throughout environmental due diligence, which identified significant issues such as a former landfill, significant soil contamination including hexavalent chromium, ground water contamination, and natural resource damage claims. The client’s environmental liability was limited to being responsible for the construction of the engineering control caps as part of the redevelopment and post-remediation monitoring, maintenance and reporting and its risks were managed through negotiated contractual indemnities and environmental insurance.
• Represented a New York-based real estate developer with property holdings in New Jersey. Ms. Monahan defended the client in two NJDEP enforcement matters.
• Represented a client to acquire real property on which a former tenant conducted manufacturing of electronic hardware for military use. The tenant had left behind hazardous waste, and in order to re-let the property, the client began consolidating the waste for disposal. During the waste consolidation, the NJDEP inspected the property following an anonymous call and cited the client with numerous violations of solid and hazardous waste regulations. The NJDEP initially assessed a penalty of $329,450. Ms. Monahan submitted a Hearing Request and preserved the client’s defenses and due process rights and was ultimately able to negotiate and substantially reduced the penalty by more than one-half to $158,283.

Speaking Engagements

• • Accelerate Land Reuse for Community Revitalization, Center for Creative Land Recycling
• NSCW Conference, BCONE
• Resources to Jump Start Your Vacant Property Redevelopment, BCONE
• Are Bank Loans or Private Lenders an Option, Passaic County Division of Economic Development
• Remedial Action Permit Application Training, Chemistry Council of NJ
• Environmental Presentation, CCIM
• The Role and Responsibility of the LSRP, Passaic County Division of Economic Development
• LSRP Roles and Responsibilities, CVP/SRAG
• Investigation – Requirements in NJDEP’s Site Remediation Program, Passaic County Brownfields Commission
• 3rd Party Spill Act Exempt Parties, CVP/SRAG
• Remedial Action Permit Application Training, Chemistry Council of NJ
• Community Engagement in the Remediation Process, Sustainable Jersey
• Due Diligence and Real Property, NJICLE
• Underground Storage Tanks: Regulations, Permitting, the Removal Process and the Cost, Passaic County Brownfield Commission
• The Industrial Conference, NAIOP

Articles

• “Women’s Initiative in the Legal Profession – Women Only Events,” NJALA Newsletter Jer-Z-Journal – Summer/Fall 2008
• “Remediating and Redeveloping Brownfields in New Jersey,“ ANJEC and CCLR – Assisted in the Development of this Manual – 2014

Memberships

• New Jersey Bar Association – Environmental, Women and Minority Groups
• Treasurer and Member, Board of Trustees, Sustainable Jersey
• Passaic County Brownfields Commission
• Environmental Business Council
• Member, Brownfields Coalition of NorthEast
• Member, New Jersey Chapter, Society of Women Environmental Professionals