Environmental Transactions & Brownfields
Environmental issues are increasingly critical in the purchase and sale, financing and development of real property and other assets.
We regularly advise domestic and multinational companies on legal issues arising at federal, state and local levels in:
- business, real estate and energy transactions, including mergers and acquisitions;
- asset-based transactions;
- fossil and renewable energy projects; and
- remediation and redevelopment of designated Brownfields properties.
Our lawyers advise clients on the design and execution of appropriate environmental due diligence. We help structure transactions to assess and limit lender liabilities, as well as draft and negotiate environmental contract terms and navigate Brownfields and voluntary cleanup programs, while creatively managing liability concerns through agency comfort letters, site status letters, opinion letters and prospective purchaser protections. We are also well-versed in environmental insurance, and provide legal assistance and guidance at every step of a transaction.
Our informed legal advice for transaction-based environmental challenges includes:
- environmental due diligence and auditing
- liability protections
- risk transfer and apportionment
- parent/successor liability
- lender liability
- insurance
- environmental impact assessments
- activity and land use controls
- permit and liability protection documentation transfers
- LEED® certification and incentive programs (such as, voluntary or Brownfields cleanup programs)
