Environmental Aspects of Transactions
Addressing environmental risks in business transactions across all industry sectors requires specialized knowledge of environmental permits, such as air, waste and water, chemical management, regulatory reporting, as well as federal and state remediation requirements. Whether you are buying or selling, Foley’s environmental team has the in-depth experience and knowledge you need on your side. From the development of a comprehensive diligence strategy for a large transaction, or completion of limited due diligence within a short time frame, Foley has the resources to assemble a skilled team that will present its findings in a comprehensible and practical format.
Our environmental attorneys have extensive experience in both domestic and international deals ranging from basic transfers of real property to complex business acquisitions or divestitures, related financings, capital markets and project finance transactions. Our experience extends to climate change-related transactions as well. We are intimately familiar with required environmental disclosures under securities laws and state property transfer laws.
Environmental Transactional Guidance:
- Advising buyers and helping them to identify and manage potential environmental risks associated with an acquisition.
- Advising sellers identify and manage potential material issues in advance of a planned sale.
- Negotiating and drafting environmental provisions of asset and stock purchase agreements, finance documents, environmental escrow and indemnities and other related transaction documents.
- Scoping ASTM compliant Phase I and Phase II environmental site assessments, limited and full compliance audits, additional due diligence reviews, and engaging with environmental consultants conducting those reviews.
- Obtaining and negotiating environmental insurance policies and representation and warranty policies.
- Identifying issues for resolution of open issues to be addressed post-closing under U.S. EPA’s New Owner Policy and various state disclosure laws and policies.