We are familiar with the varying due diligence requirements, notification obligations, and clean-up statutes of nearly every state. Furthermore, we have extensive experience in litigation associated with transactions, including prosecuting and defending environmental indemnification claims.  We also have experience representing purchasers against former owners of property and against claims arising under CERCLA, RCRA citizens suits, and common law claims involving property damage, nuisance, and other common law torts.

Our attorneys have counseled clients and overseen pre-acquisition due diligence for the purchase or lease of hundreds of commercial and industrial properties, and have experience in all aspects of transactions. In addition to issues relating to soils and groundwater contamination, asbestos and lead-based paint, environmental compliance, underground storage tanks, and abandoned waste containers, we have been involved in numerous transactions involving wetlands requiring federal, state or local permitting, payment into wetlands banks, and onsite and offsite mitigation, including steam relocation. Further, we have handled the sales and acquisition of landfills with solid and hazardous waste, PCBs, lead, asbestos, methane gas and construction debris; some of these landfills were redeveloped with our assistance into commercial properties. We have on numerous occasions counseled clients as to their obligations (whether as seller or buyer) to notify the state environmental protection agency where soils and groundwater contamination are first discovered during environmental due diligence, or during demolition or modification of newly acquired buildings. We assist clients in identifying and obtaining environmental insurance, and work with our client’s lenders to help achieve objectives.

We are intimately familiar with the tools that can facilitate deal closings, including environmental insurance products, prospective purchaser agreements, indemnifications and releases, establishing third party liability defenses and the CERLA “innocent purchaser” and bona fide prospective purchaser defense. To minimize risks in transactions we also have experience negotiating prospective purchaser agreements and covenants not to sue with USEPA and state regulators. With this background, we can take a broader view of transactions to develop the best strategies to reduce risks and help our clients achieve their business goals.