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Environmental Litigation and Mass Tort

Environmental Litigation and Mass Tort

ENR

Due Diligence

Home > Practices > Environmental Litigation and Mass Tort Due Diligence

Our environmental attorneys have substantial experience in managing the potential environmental considerations that arise in almost all corporate and real estate transactions.  We are expert in identifying the potential environmental risks associated with the transaction, negotiating and drafting purchase, lease, financing and other agreements to deal with such risks, and structuring transactions with regard to individual and corporate environmental liability.  As part of our role in providing this environmental diligence assistance, our environmental attorneys enlist the assistance of nationally recognized environmental consultants to review and analyze any technical materials related to transactions involving complex environmental issues and, where necessary, perform their own data collection and analysis.

Our attorneys counsel clients on all environmental issues that arise from transactions, including such issues as lender liability, the innocent landowner defense, and successor liability.  Our attorneys are also experienced in drafting and negotiating critical environmental provisions of loan and purchase agreements, drafting environmental disclosure for public offerings, arranging for environmental insurance policies, and resolving indemnification disputes between buyers and sellers.

In addition, laws in many states now impose preconditions on business transactions involving industrial properties ranging from notice requirements for environmental contamination to full-scale remedial obligations.  The Superfund law also requires purchasers of real estate to conduct an environmental inspection of the property. Our attorneys have regularly counseled and assisted clients in navigating these preconditions towards a successful completion of their transactions. 

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