Aaron S. Mapes

Aaron S. Mapes is a Principal in the Firm's Environmental Practice Group. He counsels clients on a wide variety of environmental matters, including environmental diligence for real estate transactions and energy projects, brownfields redevelopment, compliance with environmental laws, environmental permitting, and litigation of complex environmental lawsuits and administrative appeals. Mr. Mapes’ clients include real estate private equity funds, local municipalities, and companies in the energy distribution and industrial sectors.

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• Managed environmental diligence process and environmental contract negotiations related to a private equity Client’s acquisition of property in Washington State with known environmental impacts.  Negotiated agreement with Seller assigning post-closing obligations and rights to both parties; worked with insurance consultants to obtain environmental insurance coverage; led communications with lender regarding various environmental matters; and retained technical consultants to navigate and document environmental conditions and risks.   
• Served as environmental counsel on a private equity client’s successful acquisition of over 100 manufactured housing communities across the United States. Managed the retention and selection of the environmental consultant and the review, production, and timely delivery of the Phase I Environmental Site Assessment (ESA) and Property Condition Assessment (PCA) reports for each community.  Worked with government-backed lenders to ensure the Phase I ESA and PCA reports complied with lender protocols. 
• Worked on a multi-disciplinary team to evaluate environmental risks in connection with a proposed wind energy project being evaluated by an energy client. Analyzed and evaluated risks associated with wetland impacts, threatened and endangered species impacts, cultural and historical resource impacts, and visual impacts, among others. 
• Defended a third-party administrative appeal brought against an energy client challenging the Pennsylvania Department of Environmental Protection’s issuance of Chapter 105 and Chapter 102 permits for a linear pipeline project. The Appellants alleged, among other things, that wetlands were not properly delineated and classified and that the permittee did not conduct a sufficient Alternatives Analysis.
• Filed and pursued an administrative appeal on behalf of a large hotel owner-operator challenging an NPDES construction stormwater permit issued to an adjacent developer by the Pennsylvania Department of Environmental Protection. Appeal resulted in a favorable settlement and significant modifications to the developer’s stormwater management plan.
• Served as environmental counsel for a private-equity Client on the acquisition of a mixed-use redevelopment property in California with various known and potential environmental issues. Negotiated with Seller to allow a pre-acquisition Phase II environmental investigation. Reviewed and commented on Phase I and Phase II reports and evaluated potential environmental risks and liabilities. Oversaw and advised on the installation and permitting of a vapor mitigation system post-closing.  
• Worked with a building owner to pursue environmental insurance claim to recover costs incurred addressing mold issue discovered during redevelopment. Coordinated with redevelopment team and environmental insurance consultants to organize and document costs and obtain broadest possible coverage for claim. 
• Counseled developer client regarding laws and proper protocols applicable to demolition and disposal of building materials containing lead-based paint in connection with a redevelopment project in California.
• Defended private college in federal lawsuit alleging adverse impacts to wetlands, where the presence of wetlands was disputed. Legal defense led to dismissal of the allegation on Summary Judgment.  
• Served as defense counsel in several lawsuits filed in the Philadelphia Court of Common Pleas alleging exposure to asbestos-containing products. Legal defense led to dismissals of claims on summary judgment or favorable settlements.     
• Served as environmental counsel for a private equity client’s successful acquisition of 18 commercial/industrial properties across the United Kingdom. Worked with client to develop cost-effective strategy for conducting environmental diligence, reviewing environmental diligence materials, and conducting post-acquisition environmental assessments.   

• Co-Author, "COVID-19 Is Changing Enviro Due Diligence For Real Estate," Law360 (November 2, 2020)
• Co-Author, "Will Volkswagen Executives Be the Yates Memo’s First Casualties?," Bloomberg BNA's Daily Environmental Report (January 4, 2016)
• Co-Author, "Stigma Damages and Diminution of Property Claims in Environmental Class Actions", Environmental Claims Journal, Volume 24, Issue 3 (2012)