The Environmental Litigation and Mass Tort Practice Group helps clients manage potential environmental considerations that arise in almost all corporate and real estate transactions. The group's lawyers are expert in identifying risks; negotiating and drafting purchase, lease, financing and other agreements to deal with such risks; and structuring transactions with regard to individual and corporate environmental liability.
As part of our role in providing this due diligence assistance, we enlist the help of environmental consultants to review and analyze any related technical materials. Where necessary, we will task them with performing their own data collection and analysis.
Gibson, Dunn & Crutcher's lawyers counsel clients on all environmental issues that arise from transactions, including lender liability, the innocent landowner defense and successor liability. The practice group's members are also experienced in:
- Drafting and negotiating critical environmental provisions of loan and purchase agreements
- Drafting environmental disclosure for public offerings
- Arranging for environmental insurance policies
- Resolving indemnification disputes between buyers and sellers
Laws in many U.S. states now impose preconditions on business transactions involving industrial properties, ranging from notice requirements for environmental contamination to full-scale remedial obligations. The U.S. federal Superfund law (CERCLA) also requires real estate purchasers to conduct an environmental inspection of properties. We regularly counsel and guide clients in navigating these preconditions toward a successful completion of their transactions.