Kaplan Kirsch’s environmental due diligence activities range from evaluating potential cleanup responsibilities or steps necessary to qualify for liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and other environmental laws to review of environmental permitting and compliance issues. Those issues can relate to Clean Water Act (CWA), Clean Air Act (CAA), or Resource Conservation and Recovery Act (RCRA) permits under federal or delegated state programs and endangered species, migratory bird, and historic and cultural resource impacts. We also assist clients in strategies to mitigate and allocate transactional risk, select consultants, and supervise environmental investigations, while also establishing structures to maintain the confidentiality of due diligence activities.
Representative Experience
Environmental Compliance Evaluation
Represent prospective purchasers in evaluating environmental compliance and liability risk associated with industrial and contaminated properties, including decommissioned power generation facilities, former military bases, industrial and munitions manufacturing facilities, mining-impacted sites, gas stations, and dry-cleaning sites.
Lender and Bond Issuer Environmental Risk Assessment
Advise lenders and bond issuers on evaluating and managing environmental compliance and liability risk, including structuring loans to buyers of former smelting and mining sites, regional transloading facilities, oil field services companies, and other contaminated properties.
Redevelopment Site Acquisition and Financing
Represent buyers in acquiring and financing real estate redevelopment sites with complex prior-use histories, including former airports, railways, manufacturing sites, mines, and oil and gas facilities.
Related Projects
Related Practices
Air Quality
Airport Planning & Development
Brownfields
Energy Project Permitting & Real Estate
Environment
Historic, Cultural, and Archaeological Resources
Military Base Closure & Redevelopment
Mine Reclamation & Mining Site Cleanup
Multimodal Transportation Facilities
Project Development
Real Estate Development & Transactions
Real Estate, Land Use, and Zoning
Renewable Energy & Storage Project Transactions
Site Cleanup & Compliance
Transit-Oriented Development
Water Resources