We can assess environmental risks and liabilities involved in corporate transactions viewed through the lens of federal, state and municipal laws and environmental due diligence.
Clients involved in corporate transactions including sales, purchases, mergers, joint ventures, equity investments, partnerships and other transactions are faced with assessing and reducing or managing environmental liabilities and risk. Potential environmental liabilities arise from industrial and manufacturing operations that include the use and storage of hazardous materials. Industrial and manufacturing operations and use of hazardous substances are highly regulated by numerous, sometimes overlapping and inconsistent federal, state and municipal statutes.
In the context of corporate transactions, environmental compliance assessments should be carefully considered, as material liability can result from violations of applicable governmental regulations, as well as historic spills and emissions that were legal and permitted historically. Corporate transactional contracts should be negotiated with a keen eye on environmental due diligence, risk assessment and mitigation. Environmental due diligence refers to the research done regarding environmental concerns before entering into an agreement or a corporate transaction with another party. Environmental due diligence in corporate transactions may include operational and permitting assessments, as well as assessments applicable to real estate transactions to identify potential areas of environmental concern and delineate potential environmental and exposures liabilities. We work with our clients and various experts to assist in conducting appropriate environmental due diligence to help manage and reduce environmental risks.