Real property and business transactions often involve environmental considerations. Our attorneys counsel buyers, sellers, lessors, lessees, developers, investors, and financial institutions on potential environmental liabilities, risk mitigation, indemnification, remediation of environmental conditions and due diligence associated with real estate transactions and property development. Similarly, we advise buyers, sellers, and other corporate parties on mergers and acquisitions, including environmental representations, risk transfer, indemnification, and due diligence assessments. In real estate and business transactions, we focus on solving problems and mitigating risks when potential environmental liabilities arise.
Our attorneys have experience with:
- Due diligence evaluations, including procuring and analyzing Environmental Site Assessments and other investigations to assess property conditions and potential liabilities.
- Negotiating agreement terms related to due diligence, representations, environmental liabilities, indemnification, risk transfer, and remediation.
- Brownfield and industrial property redevelopment.
- Grants, tax credits and other available incentives related to environmental conditions.
- Cleanup, remediation, and restoration of property.
- Environmental insurance.
- Regulatory obligations related to business operations.
Representative Matters
- Secured no further action letters for closure of historic contamination sites.
- Represented a developer on redevelopment of a Superfund site, including partial delisting of the portion of the property developed for residential use.
- Represented a national retailer on evaluation of ground settlement and methane gas intrusion associated with development over former landfill.
- Represented a client developing CNG service stations in the Midwest; joint venture with national energy company.
- Assisted a restaurant developer on remedial plan to satisfy SBA loan requirements.
- Represented a cokemaking and coal logistics company on transactions in Ohio and Kentucky.