Chris Foster is a member of the firm's Environmental, Energy + Telecommunications Group. He advises clients on environmental risk management and strategy in financings, corporate transactions, Brownfields development, environmental remediation-related cost recovery, mediation, and litigation, always with an eye toward his client’s strategic interests and a cost effective and successful outcome.
Mr. Foster provides legal advice to purchasers, sellers, investors, and financial institutions with respect to environmental matters. This includes a range of services, including conducting due diligence and risk evaluations. He negotiates and drafts letters of intent, representations, warranties, and indemnification and other key aspects of leases. He also handles financing documentation, and purchase and sale agreements. Mr. Foster regularly negotiates environmental risk transfer agreements and specialty environmental insurance policies, and he secures public funding when available. Mr. Foster works with clients to secure environmental land use restrictions where appropriate to manage risk. He provides strategic post-closing advice with respect to environmental risk management, cost allocation, and permitting.
Mr. Foster’s practice includes risk management and compliance counseling. He regularly serves as outside counsel, helping clients to develop, improve and implement compliance auditing and Environmental/Health/Safety (EHS) Management Systems. He regularly provides risk management counsel, and helps clients triage, prioritize, sequence and undertake corrective measures, including voluntary disclosures.
Remediation & Brownfields Redevelopment
Mr. Foster provides strategic advice to help guide clients through the complex rules, regulations, and policies related to contaminated site investigation and remediation. He helps clients make cost effective, long term decisions to minimize risk and protect human health and the environment. His experience, coupled with his in-depth understanding of legal and regulatory requirements, allows him to strategically and cost effectively counsel clients with respect to sensitive, complex, multi-party remedial projects.
Environmental Litigation and Dispute Resolution
Mr. Foster assists clients with a variety of environmental disputes, including claims over property damages, clean-up costs, and other injuries. Mr. Foster has successfully used mediation to cost effectively resolve intractable lawsuits. He has successfully prosecuted and defended lawsuits, achieving recovery of environmental response costs for clients from other responsible parties and extricating clients from third party and governmental liability claims.
Mr. Foster provides strategic advice with respect to third party, U.S. Environmental Protection Agency, and state agency enforcement actions, such as notices of violation and non-compliance. When appropriate, he assists in negotiating settlements with government agencies, achieving significant penalty reductions and drafting cost effective administrative consent orders. He has negotiated a consent order to resolve the compliance and environmental remediation obligations of a client without a penalty.