Environmental Aspects of Corporate & Real Estate Transactions
Overview
Catunao Law advises buyers, sellers, and developers on the environmental aspects of corporate and real estate transactions, from early-stage due diligence and permit review through negotiation of transaction documents and post-closing obligations. The Firm works alongside deal teams and co-counsel to manage environmental risk early, structure appropriate protections, and ensure that permit, compliance, and liability issues are clearly identified and allocated before the deal is done.
Experience
Environmental Due Diligence
Catunao Law advises on environmental due diligence for corporate and real estate transactions, including review of proposed land transfer deeds, purchase agreements, compliance history, regulatory correspondence, and environmental risk in the context of the transaction. The Firm also advises on identifying and organizing assets and permit obligations, as well as managing potential liabilities.
Prior Experience Includes:
- Led environmental due diligence for multiple proposed federal land transfers, including advising clients on contractual obligations, liabilities, warranties, and legal risks associated with environmental conditions, including asbestos, radon, unexploded munitions, and endangered species habitat.
- Conducted seller-side environmental due diligence for a multi-property commercial transaction, prepared a comprehensive schedule of 35+ environmental permits, approvals, licenses, and quotas related to seafood processing and fishing operations.
- Assessed environmental constraints and regulatory risk for complex energy development and redevelopment projects, including projects with significant cultural and archaeological resource constraints.
Transactions and Negotiations
Catunao Law advises clients on structuring environmental-related provisions in transaction documents, through representations and warranties, indemnities, permit assignments, or post-closing obligations. The Firm brings particular experience with transactions involving complex permit obligations, federal agency-administered consent decrees, and multi-permit commercial operations where permit assignment and continuity of operations are critical issues.
Prior Experience Includes:
- Negotiated with the U.S. Department of Justice to modify federal consent decree terms related to restructuring water quality obligations and limit ongoing environmental liabilities in connection with a transaction.
- Advised clients on environmental risk allocation, permit-related transaction provisions, and environmental compliance obligations for commercial and industrial transactions.
- Negotiated representations and warranties and indemnity provisions of asset purchase agreements.
Have an Environmental Law Question?
Whether you are beginning a transaction, managing environmental disclosures, or closing a complex deal with permit and compliance obligations, Catunao Law is ready to help.