Our wide experience in environmental permitting, compliance, remediation, and litigation makes us particularly well-suited to identify a transaction’s critical risks and liabilities. We negotiate effectively and have the drafting knowledge and experience to carefully document the parties’ negotiated allocation of risk, whether through remediation agreements, escrow agreements, indemnity, or other provisions. We also have extensive experience with seeking and evaluating quotes for, and manuscripting, pollution legal liability, representation and warranty, and other environmental insurance policies. Finally, we have extensive experience with state and federal audit, disclosure, and immunity programs, which can shield purchases from material liability related to pre- and post-closing liability associated with regulatory compliance.
We counsel lenders on the liabilities involved in taking environmentally impaired property as collateral, and we represent borrowers seeking to use contaminated property as collateral. We assist lenders and borrowers in selecting qualified consultants and contractors, negotiating and drafting environmental consulting agreements and confidentiality agreements, and counseling consultants and clients on various aspects of the confidentiality of audit findings.
We advise clients on transactions involving the acquisition, development, management, operation, and sale of commercial real estate. Typically, these transactions place substantial emphasis on environmental site assessments. We help clients identify and select qualified site-assessment contractors, draft appropriate consulting and confidentiality agreements, and evaluate environmental site-assessment reports.
