Environmental risks in real estate and corporate
transactions are a concern for property owners, buyers and lenders.
Environmental due diligence is critical to determine the scope of these risks,
preserving defenses to liabilities and managing environmental issues. This
materials set will address how due diligence can help you and your clients
evaluate exposure to statutory liability, complicated regulations, state and federal agency enforcement, and clean-up costs. Appropriately managed due diligence
and risk allocation can help you and your client avoid unhappy surprises
after the deal is done.
Learn strategies for mitigating exposure to environmental liabilities and to
examine the statutory and regulatory framework that drives environmental due
diligence in real estate and corporate transactions.
I. When and Why Environmental Due
a. Owner/Operator liability for environmental
b. Defenses to liability
c. Liability exposures for
II. Conducting Environmental Due Diligence
a. Defining scope of
b. Complying with “All Appropriate Inquiry” obligations
Considerations for sellers and buyers
d. Contractual provisions
III. Mitigating Exposure to Environmental Liability
contractual transfers of risks
b. Utilizing government programs and
c. Evaluating and obtaining environmental insurance
IV. Disclosure Requirements
a. Land transfer requirements
William J. Squires, III, Esq.
Bingham McCutchen LLP
Nathan J. Brodeur, Esq.
Goodwin Procter LLP
Raymond T. Roach
William Gallagher Associates Insurance Brokers, Inc.