Managing Environmental Risks in Transactions
Environmental laws have broad liability schemes. Environmental liability does not just extend to those who pollute, but also to land owners, business owners, persons who are "in any way responsible" for contamination, and their affiliates. When considering a purchase or sale of land or a business, the environmental risks should be addressed in the contract and properly assessed prior to closing the transaction.
Our attorneys work closely with clients and their transactional teams, including other attorneys, environmental consultants, investors, and insurance brokers, to negotiate and draft contact terms that are appropriate for each specific deal and the apportionment of risk between buyer and seller. We work with our clients to assess due diligence investigations and to develop and implement risk management strategies that are appropriate for the client’s risk tolerance – this may involve procuring environmental insurance, indemnifications, and other risk-transfer devices.