Environmental Due Diligence

Commercial transactions are becoming more regulated and complex every day. As a result, potential liabilities associated with land quality and other issues can delay or derail prospective deals. Troutman Sanders’ Chambers-recognized environmental attorneys advise clients on environmental and natural-resource issues linked to a broad range of commercial transactions, helping them anticipate, avoid or otherwise manage any complications.

We regularly handle real estate, commercial lending, asset purchase, project development, brownfields redevelopment, mergers and acquisitions, and other transactions. We have served as lead environmental due-diligence counsel in power plant and industrial facility acquisitions with aggregate values in the billions of dollars. Examples include a client’s recent acquisition of a 150MW solar facility in California and two utility-scale solar photovoltaic generating facilities in Nevada. We also serve as lead environmental due-diligence counsel for one of the world’s largest retailers and for several national and international financial institutions, REITs and corporate entities.

Our broad experience includes these specific areas of competency: 

With experience across the United States and in more than 20 countries abroad, our attorneys efficiently identify and assess potential environmental risks associated with commercial transactions. Once these deals are evaluated, we assist clients in limiting their would-be liability by drafting and negotiating appropriate contractual representations, warranties, indemnities and other provisions necessary to allocate those risks properly. We use creative mechanisms tailored to the individual transaction, including negotiating adjustments to the purchase price, carving out contaminated portions of property, establishing financial assurance for assessment and remediation costs, securing insurance and drafting appropriate environmental indemnities.

Our strengths include our ability to guide clients and their consultants through complex regulatory cleanup programs and establishment of successful of voluntary cleanup and other liability-limiting programs.

We represent a wide range of entities in commercial transactions, including the following:

  • Real-estate developers
  • Institutional lenders
  • Manufacturing companies
  • Regulated utilities
  • Independent power producers
  • Telecommunications companies
  • Retail chains
  • Multinational mining companies
  • Oil and gas producers and distributors