Environmental and regulatory compliance issues can often provide an unexpected twist in your business or real estate transactions. Our group has extensive experience handling those bumps and finding acceptable business solutions to get your deal closed.
As part of our due diligence for your financing, real estate or business transaction, we analyze the potential for environmental concerns that could have an impact on your deal and design a plan to address those challenges. We will help to identify the issues of concern, obtain estimates for the associated costs, determine whether remedial actions are required and negotiate provisions of your contract that will address allocation of responsibility for costs and liability among the parties, indemnification rights and escrow agreements. Where appropriate, we will recommend risk management tools including various forms of environmental insurance policies, to box the environmental risk and get your deal done.
Environmental issues can also impact your business’ regulatory compliance or draw you into disputes or even litigation with regulators, insurers or other private parties. Our group has experience with environmental insurance claims, defending clients in environmental enforcement actions in federal court, negotiating cleanup plans with environmental regulatory agencies and negotiating liability for environmental conditions among private parties.
The myriad of complex environmental regulatory issues confronting businesses today requires sound knowledge of federal, state and local environmental statutes, case law, and regulations. We bring our seasoned experience and judgment to these matters and also work closely with nationally recognized environmental consultants, engineers and insurance brokers to provide the full slate of expertise you will need to address and resolve your environmental concerns.
We have particular experience in:
- Complex Transactions, with a focus on Environmental Issues in Real Estate Finance and Securitization
- Use of Environmental Insurance Products in connection with Business Transactions
- Environmental Litigation Under Federal and State Environmental Laws and Insurance Coverage Litigation
- Regulatory Compliance, including Federal, State and Local Superfund, Petroleum Cleanup, Brownfields and Lead Paint Laws
Sami B. Groff is the Chair of the Firm’s Environmental Practice Group. She focuses her practice on environmental issues in real estate finance and securitization, the use of environmental insurance products in business transactions, litigation under federal and state environmental laws, environmental insurance coverage litigation and regulatory compliance under federal, state and local Superfund, petroleum cleanup, Brownfield and lead paint laws.
Adam Wald is an Associate in the Firm’s Construction, Environmental and Litigation practice groups. In his practice, Adam assists clients through all phases of transactions and commercial disputes — handling matters centered on breach of contract, business torts, public and private improvement contracts, and compliance with state, federal and municipal environmental regulations. His clients include businesses, contractors, and institutional lenders entering into commercial mortgage backed securities transactions.