Sami B. Groff

My focus

Transactional

The transactional aspects of my practice focus on counseling clients on environmental issues that arise in the context of a real estate, finance, or corporate deal, including conducting due diligence, negotiating environmental provisions of loan agreements, indemnities and purchase agreements, brownfields considerations, and using environmental insurance as a tool to manage risk. My experience ranges from representing lenders in the environmental aspects of commercial mortgage-backed securities transactions (CMBS) to representing sellers and buyers on property transactions involving contaminated properties, as well as representing property owners in regulatory enforcement actions.

Litigation

The litigation aspects of my practice focus on representing clients in private disputes regarding environmental liability and in regulatory enforcement actions under federal, state and local Superfund, petroleum cleanup, brownfield, and lead paint laws. My experience ranges from representing property owners in litigation over cleanup costs for contaminated properties to representing insurance companies in environmental coverage disputes to defending a client in an enforcement action brought by the Department of Justice for violations of the Clean Air Act. I have also worked with nonprofit organizations with respect to New York City’s lead laws and advised on international contaminated property cleanup laws.

Looking ahead

With new municipal and local laws on the horizon regarding sustainable building measures, such as New York City’s Local Law 97, which begins to require reductions in greenhouse gasses (GHGs) from New York City’s existing building stock in 2024, issues of sustainable building practices will become more of a focus in real estate transactions in the coming years. Building owners whose property projects are triggered by such rules will need to plan to meet the new emissions standards and GHG reduction obligations. Lenders and rating agencies will want to see proof of compliance. In my role as counsel, I will help clients understand and address these upcoming requirements.

Insights

• “Lender Liability for Environmental Issues: Transfer the Risks,” Lawline, October 28, 2022 (Speaker)