Environmental Transactions & Risk Management

Environmental issues can derail deals and threaten a business’s very existence. Our environment and natural resources practice combines scientific knowledge, regulatory smarts and solid deal-making skills to guide clients around potential environmental pitfalls as they engage in mergers, acquisitions, divestitures and financial restructurings.

We help in all phases of transactions, assessing risks in relation to federal and state environmental legal demands, negotiating deal terms and interacting with regulatory agencies.

Our practitioners develop and implement processes to best consider all major areas of potential risk based upon an individual client’s risk tolerance, existing protections and negotiated resolutions of environmental liability, including:

On- and off-site contamination.
Exposure to toxic tort claims.
Regulatory noncompliance.
Successor liability.
Operation and use restrictions imposed by permits or to be imposed through the development of regulatory programs.

We also identify documents and records requiring a closer look and gather critical information from current management at a target company. Our lawyers assist in:

Contractual allocation of liability.
Drafting meaningful indemnification provisions.
Environmental insurance vehicles.
Public funds and agreements with regulators, including prospective purchaser agreements.
Pre-closing modifications of permits.

Above all, we look for creative, commercially practical paths to successfully closing transactions.