Transactional
Thompson Coburn's Environmental practice also works extensively in the transactional arena. We have successfully handled the environmental components of numerous deals, including multistate stock and asset deals and real estate and Brownfield redevelopment deals where environmental concerns were central to the transaction. We routinely represent clients in environmental matters associated with mergers, acquisitions and divestitures, as well as in the buying, selling and developing of commercial/industrial property.
Areas of Transactional Service
- Coordinating and directing the performance of Phase I/Phase II investigations and reports, compliance audits, work plans, remedial investigations and remediation reports, as well as evaluating the data, conclusions and recommendations presented in such reports.
- Identifying and assessing potential liability associated with current and past disposal facilities and other “legacy liability” concerns.
- Identifying and assisting with potential disclosure and reporting requirements under federal and state law.
- Negotiating and documenting allocations of liability between buyers and sellers with respect to known and unknown environmental liabilities.
- Obtaining appropriate environmental insurance coverage for environmental liabilities, such as on-site and off-site cleanup liabilities, bodily injuries, property damage and natural resource damages.
- Evaluating the cost-effectiveness of method of achieving compliance with applicable laws and regulations and obtaining liability protection to the extent feasible.
- Assisting clients with pre- and post-closing investigation and remediation required under purchase and sale agreements, resolving compliance deficiencies and obtaining environmental permits and/or getting existing permits transferred.
- Structuring transactions to obtain tax credits, Brownfield funding and other governmental incentives, where available.
- Negotiating governmental approvals for work plans, cleanup objectives, cleanup strategies and risk assessments.
- Drafting escrows and holdbacks and other funding arrangements to facilitate the sales and purchases of environmentally impaired properties and businesses.