Potential environmental liabilities can significantly affect the terms of a pending transaction and, in some instances, make the transaction difficult, if not impossible, to complete. It is critical to retain counsel with the expertise to gauge the potential environmental liabilities with respect to assets being bought or sold and to proceed with the degree of care necessary to prevent liability.  Lawyers in our Environment and Natural Resources Practice Group work closely with other lawyers of the firm on a particular transaction in order to:

• identify potential environmental risks associated with the transaction
• negotiate and draft purchase, lease, financing and other agreements to deal with such risks
• structure transactions with the goal of minimizing potentially expansive individual and corporate environmental liability

In addition, laws in many states now impose preconditions on business transactions involving industrial properties ranging from notice requirements for environmental contamination to full-scale remedial obligations. Moreover, in 1986, the Superfund law was amended to require purchasers of real estate to do at least a minimal environmental inspection of the property. Accordingly, environmental "auditing" by attorneys and environmental engineers has become increasingly common. The Firm’s environmental lawyers provide experienced and practical counseling in connection with complex environmental transactions.