Faegre Baker Daniels lawyers handle complicated transactions involving environmental contamination and remediation issues. Representing buyers and sellers, our professionals help clients negotiate their way through legal, regulatory and general environmental barriers. We assist in the closing of transactions and addressing of contamination issues using a variety of legal, regulatory and other tools.
Our lawyers have been at the forefront of establishing state and national brownfields redevelopment programs. As a result, we have advised clients on the pathways to establish applicable cleanup liability defenses, the development of agreement terms, and other instruments to mitigate risk, the use of voluntary cleanup programs, the negotiation of cleanup closures and no-liability assurances from agencies, and the procurement of environmental insurance or other financial assurance mechanisms that permit development projects to move forward with an appropriate level of investigation and cleanup.
Faegre Baker Daniels lawyers have advised lenders, borrowers, landlords, tenants, developers, property owners/sellers, and others on a multitude of environmental issues that have arisen on real estate and corporate transactions. Through our teams of skilled lawyers, potential environmental problems are identified, clarified and solved so that real estate and corporate transactions can move forward expeditiously and cost-effectively.
We offer substantial experience in performing due diligence, structuring the transaction, and coordinating key facets of the projects, including working closely with environmental consultants on environmental site assessments and environmental compliance audits.
We have advised lenders and borrowers on matters related to the effect that releases of hazardous substances may have on real estate used as collateral for a loan and cleanup liability concerns related to the foreclosure of commercial properties.
We have also successfully facilitated a variety of corporate transactions, including mergers, acquisitions and divestitures, by performing due diligence to identify and quantify environmental compliance and liability issues, structuring the deal to mitigate risk, and reaching agreement on the allocation of responsibility for any on-going liability.