We advise buyers, sellers, lenders, borrowers, and investors on environmental aspects of commercial and real estate transactions, including evaluating and structuring transactions to minimize our clients’ environmental liabilities and risks. In doing this, we work hand-in-hand with the firm’s Real Estate, Corporate, Private Equity, and Banking and Finance attorneys to provide our clients with a complete understanding of how environmental issues might affect their transactions. We combine our knowledge of substantive environmental laws with the technical, scientific, and engineering expertise of our environmental engineers to identify and propose solutions for our clients consistent with the issues, risks and objectives associated with a transaction. Our services include:
- Due Diligence We provide all levels of environmental due diligence for our clients, from high-level red flag analyses to in-depth reviews of permits, regulatory correspondence, and environmental studies.
- Evaluating, Managing and Allocating Risk We identify and evaluate risks posed by environmental liabilities and then develop and implement strategies to manage these risks through contractual allocation of liability and drafting meaningful indemnification provisions. We also review and negotiate environmental provisions in transaction documents to ensure that our clients’ interests are adequately protected.
- Permitting Opinions When required by a particular transaction, we provide opinions addressing whether a business or facility has all of the environmental permits and approvals necessary for project construction and operations.
- Environmental Insurance We advise clients on the appropriate considerations in both general liability and pollution policies, identify emerging issues in environmental coverage, and provide valuation and guidance on quickly resolving environmental coverage matters as they arise.