Environmental Law with a Difference

Our due diligence and transactional support services include:

• Pre-Transactional Diligence- Strategic sellers are increasingly using pre-transactional diligence reviews to help flag issues that could complicate a transaction to maximize the value of the assets and expediate the closing of the transaction. We help clients identify existing and legacy liabilities associated with corporate assets and historic operations, resolve and develop pro-active strategies for those issues  to facilitate transactions.
• Environmental Review– we help clients develop expeditious and cost-effective investigations that meet the needs of a fast-moving transaction and their particular risk tolerances; evaluate and confirm environmental issues identified in phase 1 reports or recommendations in phase 2 reports; provide clients with practical and reasonable estimates that allow clients to better value their transactions, and review or negotiate contracts with environmental consultants;
• Structuring Strategic Solutions- We assist clients structure their transactions and design creative cost-sharing or allocating mechanisms to try to minimize their potential liability; develop exit strategies for the environmental liabilities identified during the environmental due diligence process;
• Brownfield and Other Financial Assistance Mechanisms– we have particular expertise in identifying and obtaining financial assistance for defraying some or all of the cleanup costs arising out of a particular transaction;
• Contract Drafting and Negotiation– we assist in drafting environmental provisions in a full range of agreements including due diligence requests, purchase and sale agreements, environmental covenants for loan and financing agreements, indemnities,  post-closing remediation and remediation agreements, access or license agreements to perform or implement investigations or remediation;
• Post-Closing Services– We help clients implement, monitor and enforce post-closing obligations to investigate, remediate or monitor environmental issues. We also develop due care/appropriate care plans to support risk-based cleanups, comply with post-remedial obligations and maintain liability protections;

We also offer special due diligence flat rate and discount pricing programs for financial institutions. We have also developed a Preferred Environmental Consultant (PEC) Program for clients that use environmental consultants that have established track records and expertise with the NYSDEC remedial programs. We offer innovative fixed fee and discounted pricing for clients who use our PEC Partners.