Marten attorneys combine technical knowledge, regulatory experience, and honed deal-making skills to steer clients around potential environmental pitfalls as they purchase and sell real property, facilities, and businesses.
We assist in all phases of transactions—assessing risks in relation to federal and state environmental legal demands, negotiating deal terms, and interfacing with regulatory agencies. Our lawyers consider all major areas of potential risk based upon each client’s individual risk tolerance, existing protections, and negotiated resolutions of environmental liability, including:
- On- and off-site contamination
- Exposure to toxic tort claims
- Regulatory noncompliance
- Successor liability
- Use restrictions
We handle the key environmental components of real estate and corporate transactions, such as: drafting contractual risk and liability allocation and meaningful indemnification provisions; negotiating environmental insurance vehicles; seeking public funds and agreements with regulators, including prospective purchaser agreements; and facilitating pre-closing modifications of permits. We also work with and manage environmental consultants during pre-acquisition and pre-funding due diligence, including by defining the scope of Phase I and Phase II environmental site assessments and other due diligence materials.