Transactional Due Diligence
Waller Lansden’s environmental attorneys have substantial experience in managing due diligence on environmental issues in a transactional context. These projects range from simple environmental assessments of single site greenfield developments to corporate acquisitions with industrial facilities nationwide. Whether working with our own lawyers as part of a full-service law firm with active mergers and acquisition, corporate finance, and real estate practices, or as specialized or local counsel to other firms on substantial national projects, our lawyers are experienced in identifying, prioritizing and timely resolving environmental risks in business transactions, so that the business clients can proceed with confidence. We work with clients to develop creative arrangements for managing environmental liabilities, including indemnities, environmental insurance, carve-outs and escrow agreements.
Our lawyers are experts in identifying the appropriate level of due diligence for a given transactional context, from brief transaction screens to full-scale All Appropriate Inquiry that establishes a statutory defense to superfund liability. Given the wide discrepancies in the competency of environmental consultants, we routinely review due diligence materials to ensure that clients are getting the quality of product that they need, and integrate that review into our risk analysis for transactions.
In recent years, our attorneys have provided environmental due diligence services in a wide range of business contexts, including:
- Purchase of one part of a multi-product chemical manufacturing facility, including separating integrated hazardous waste management and air emissions processes
- Development of dozens of major retail centers in greenfield and brownfield settings, including negotiating state and federal liability releases, as well as wetlands permitting with associated endangered species and cultural resources issues
- $450 million public company acquisition, including facilities dating from the Revolutionary War
- Purchase of operating and closed solid waste landfills, including management of secret due diligence on municipal facilities
- Simultaneous closings of venture capital financing, credit facility, and healthcare company purchases
- Development of a major hospital and medical office building on a long-term industrial site in Texas
- Acquisition of FCC licenses for cellular communications in markets from Florida to California, including coordination of due diligence on hundreds of sites simultaneously
- Advising major retail developer on revisions to its environmental due diligence scope of work and procedures, in light of new All Appropriate Inquiry standards
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