Kelly Martorano is an attorney in Dickinson Wright’s Real Estate Practice Group, where she specializes in environmental law and commercial real estate transactions. She assists clients such as, large and small companies, financial institutions, and municipalities with evaluating and navigating various transactional and regulatory environmental issues. In addition, she has prepared and negotiated purchase and sale agreements, leases, easements, and various real estate documents related to the acquisition, disposition, leasing, construction and financing of medical office building projects in Michigan.
In the past, Kelly has also represented electric and gas utilities before the Michigan Public Service Commission in regulatory rate proceedings.
Environmental: Kelly has experience with identifying, managing, and negotiating environmental issues and risks associated with mergers and acquisitions and real property transactions. She advises corporate, real estate, and municipal clients regarding Phase I and II Environmental Site Assessments, hazardous materials surveys, due care, clean-up and remediation, Michigan’s Baseline Environmental Assessment procedures, hazardous and solid waste disposal regulations, wastewater treatment, Clean Water Act permitting and regulations, and Clean Air Act permitting and compliance. She also has experience advising clients on and drafting responses to U.S. Environmental Protection Agency information requests, in particular, with respect to Clean Air Act and CERCLA matters. Kelly has assisted clients with a multitude of matters including: obtaining environmental permits, complying with various local, state, and federal environmental laws and regulations, internal, third-party, and government agency audits and enforcement matters, transferring permits, and closing several industrial facilities in accordance with environmental laws and regulations.
Kelly’s experience as an environmental professional for large and mid-size corporations and at an environmental consulting firm prior to law school gives her a unique perspective in dealing with environmental challenges and the day-to-day issues related to environmental management, permitting, and compliance.
Real Estate: Kelly’s real estate work has focused primarily on healthcare clients and has ranged from basic lease agreements for office space to the purchase of property and subsequent financing and development of a newly constructed medical office building.
Michigan State UniversityB.S., Environmental Policy and Studies, 1999
- Student Representative, Committee for a Sustainable Campus
- Public Relations Assistant, Lyman Briggs School
Michigan State University College of LawJ.D., 2003
- Environmental Law Society
- Merit Scholarship
- Listed in Best Lawyers in America
- Michigan Super Lawyers, Environmental, Rising Star (2008-2010, 2013-present)
Lead environmental counsel to regional developer who acquired over 30 separate parcels for development of a multi-use entertainment district in a historic downtown area. Handled all environmental due diligence matters including the strategic coordination and review of Phase I and Phase II environmental site assessment and Baseline Environmental Assessments related to the acquisition of the property.
Worked on and managed the environmental due diligence review and drafted environmental provisions for numerous complex purchase and sale agreements involving the acquisition or disposition of environmentally impacted commercial/industrial property in the United States, Mexico, Europe, South America, and Australia.
Environmental counsel for an international corporation owning nine manufacturing facilities throughout the United States and South America. Assisted the client with the development of a compliance and audit program and decommissioning of a facility in California.
Negotiated enforcement of purchase agreement provisions related to approximately $1 million of environmental investigation and remediation costs.
Environmental counsel to a large financial institution acting as fiduciary for a $20 million estate; representation included advising the client regarding the disposition of several automotive dealerships throughout the United States.
Assisted client who was selling contaminated property with Phase I and Phase II Environmental Site Assessments and development of a remedial action plan to obtain a No Further Action approval from the Michigan Department of Environmental Quality (MDEQ). Provided legal support in negotiations with the MDEQ and potential purchasers. Developed a five point plan for the remediation to help guide the client regarding the scope of work, remedial costs, and potential environmental liability.
Assisted with a $1.9 million financing for construction of a medical building; managed all due diligence for the transaction and aided with the administration of the purchase agreement and construction contracts.
Advise clients on the transfer of environmental permits and regulatory compliance records.
Assist clients with various contractual matters, including drafting access and license agreements, restrictive covenants, confidentiality agreements, and easements.
- Air and Waste Management Association, East Michigan Chapter Board of Directors (2011-present), Chair (2014-2015)
- State Bar of Michigan, Environmental Law Council (2012-present), Real Property Law Section
- Oakland County Bar, Environmental, Energy and Sustainability Committee
- American Bar Association
- Michigan Wetlands Association
- Detroit Regional Chamber, Environmental & Energy Committee
- Common Ground, Volunteer Attorney
- Your Environmental Assessment Identified a Vapor Intrusion Condition; Now What? Retail Law Strategist, Volume 14, Issue 2, Summer 2014, Kelly M. Martorano.
- Purchaser’s Guide for Conducting Environmental Due Diligence, MC Global Automotive Newsletter, February 2012, Anna M. Maiuri and Kelly M. Martorano.
- Seller’s Guide for Conducting Environmental Due Diligence, MC Global Automotive Newsletter, June 2012, Anna M. Maiuri and Kelly M. Martorano.
- Michigan Environmental Law Deskbook, Chapter 3: Solid Waste (2nd Edition, 2010), Anna M. Maiuri, Thomas C. Phillips, Kelly M. Martorano, Kelly M. Drake.
- “Shifting Gears –A Young Professional Panel Discussion on Career Options” The Air & Waste Management Association's 102nd Annual Conference & Exhibition (ACE), June 17, 2009.