Environmental Regulation

We work closely with our clients to help them proactively manage the environmental risks related to their real estate transactions. Our experience includes dealing with the many government, community and public relations issues that can affect an environmentally sensitive project.

National in scope, our Environment and Energy Practice Group has extensive experience advising clients in the following areas:

Transaction Counseling and Due Diligence

We counsel clients on the effects of existing and proposed environmental laws on real estate and finance transactions, including the potential liabilities associated with acquiring or divesting business operations or real estate.  Highlights of our services include:

  • For environmentally sensitive transactions, we perform in-depth due diligence into the issues and risks associated with a deal, often working closely with environmental consultants
  • When representing purchasers and lenders, we use detailed requests and questionnaires to assist in evaluating and quantifying the risks involved in a transaction.  
  • When needed, we also perform detailed facility investigations and audits.   
  • For sellers or borrowers, we often analyze and address environmental issues before they are disclosed in a transaction. 
  • We negotiate and draft environmental provisions included in transaction documents and are experienced with environmental closing conditions, representations, warranties, covenants and indemnities. 

When appropriate, we evaluate various methods of allocating or shifting environmental risks to third parties, including use of environmental risk, transfer transactions and environmental insurance products. We believe that spending time to negotiate and structure the environmental risks associated with a transaction is preferable to litigating those same matters after the transaction has closed.

Environmental Compliance, Permitting and Response Actions

We advise clients on compliance and permitting matters such as:

  • Voluntary clean-up programs
  • Release reporting 
  • Hazardous waste regulation 
  • Air emissions 
  • Wastewater discharges 
  • Manufacturing notification 
  • Registration and labeling 
  • Protection of endangered and threatened species 
  • Environmental Siting and Land Use
  • Wetlands 

We assist clients with the complex land use, public relations and political issues pertaining to the siting and development of landfills, waste incinerators and waste transfer stations.

Environmental Litigation

We have an active environmental litigation practice and are involved in many cases of national significance. We represent clients in federal, state and local enforcement proceedings brought by third parties under federal, state and local statutes and ordinances.