Environmental Aspects of Transactions

Environmental Hero Image.

Addressing environmental risks in business transactions across industry sectors and deal structures requires insights on air and water permits, chemical management, regulatory reporting, as well as remediation requirements. Foley’s environmental team has the background and knowledge you need on your side with all of these matters. Whether you require the development of a comprehensive diligence strategy for a large matter, or completion of limited due diligence within a short time frame, Foley has the experience and resources to assemble a skilled team that can present its findings in a comprehensible 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 and 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 the securities laws and state property transfer laws, and with parent and successor corporation liability theories and their effects on risk allocation.

Environmental Transactional Guidance:

  • Advising buyers regarding potential environmental risks associated with an acquisition
  • Negotiating and drafting environmental provisions of asset and stock purchase, finance agreements; environmental escrow and indemnities; and related transaction documents
  • Scoping Phase I and Phase II environmental site assessments, Limited Compliance Assessments, and additional due diligence review, and overseeing environmental consultants conducting those reviews
  • Obtaining and negotiating the scope of coverage of environmental insurance policies
  • Identifying issues for resolution post-closing under U.S. EPA’s New Owner Policy