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Environmental Due Diligence
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Overview
Representative Matters

We are internationally recognized for environmental due diligence, a critical component of any real estate transaction, as well as mergers, acquisitions, or divestures where environmental risks are concerned. We often represent clients on origination, as well as the closing and securitization of loans. Our attorneys focus on three aspects of environmental risk: legacy liability, operational liability, and strategic liability. We frequently represent developers and builders, sellers, purchasers, hotels, casinos, REIT’s, owners, investors, lenders, borrowers, and landlords and tenants in all aspects of environmental due diligence. Our attorneys have successfully shepherded clients through the various property transfer statutes applicable in many states – such as Pennsylvania’s Act II, Connecticut’s Transfer Act, and New Jersey’s ISRA. 

We have vast experience reviewing historical records to determine the extent past operations might affect the subject site as well as surrounding areas. We handle operational liability reviews,

a niche specialty of our practice; these include environmental audits and regulatory matters such as Clean Water Act, RCRA and CERCLA compliance.  We also frequently negotiate remedial liabilities, develop exit strategies, and procure environmental insurance on behalf of our clients.

  • Environmental Due Diligence:  Represented lender and conducted environmental due diligence on the financing of numerous shopping centers in several states that included negotiating a Consent Decree between buyer, seller, and the Commonwealth of Pennsylvania, a springing escrow agreement, environmental insurance, as well as handled the intricacies of the Connecticut Transfer Act.