Practices

Environmental Due Diligence

Our environmental due diligence activities range from environmental investigation designed to evaluate potential cleanup responsibilities or qualify for liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to a wide-ranging review of environmental permitting and compliance issues related to an existing facility or project under consideration for purchase or financing. We assist clients in evaluating compliance and potential liability issues, developing strategies to mitigate and allocate transactional risk, selecting consultants and supervising environmental investigations, and establishing structures to maintain the confidentiality of due diligence activities.

Representative Experience

  • Represent prospective purchasers in evaluation of environmental compliance and liability risk associated with a variety of industrial and contaminated properties, including decommissioned power generation facilities, former military base properties, industrial and munitions manufacturing facilities, mining-impacted sites, gas stations, and dry cleaning sites.
  • Represent lenders in evaluation and management of environmental compliance and liability risk.  Examples include representing lenders in evaluating and structuring loans to buyers of regional transloading facilities, oil field services companies, and contaminated properties.
  • Represent lenders and buyers acquiring solar, wind, and other power generation and oil and gas facilities with respect to environmental and regulatory due diligence.