Environmental Due Diligence

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

Represent prospective purchasers in evaluation of environmental compliance and liability risk associated with 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.

Work with lenders in evaluation and management of environmental compliance and liability risk. Examples include representation of lenders in evaluating and structuring loans to buyers of regional transloading facilities, oil field services companies, and other contaminated properties.

Represent buyers in acquiring and financing real estate redevelopment sites with complex prior-use histories, including former airports, railways, highways, and power generation and oil and gas facilities. 

Related Practices

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