Environmental Due Diligence in M&A Transactions: Identifying Risks, Mitigating CERCLA Liability, Maintaining Defenses
All Appropriate Inquiry, Bona Fide Purchaser Defense, Emerging Issues
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss environmental due diligence in M&A transactions, including the types of environmental risks that can arise, assessing those risks in a transactional context, and certain liability defenses that may be available and obtained through the due diligence process.
- Conducting "all appropriate inquiry" and qualifying for the bona fide purchaser defense
- Tailoring the scope of the due diligence
- Development deals
- Building materials and indoor air quality
- Emerging issues in environmental due diligence
The panel will review these and other key issues:
- What are the best practices for evaluating and managing environmental risks in complex commercial transactions?
- How does a party conduct an "all appropriate inquiry"?
- How does a purchaser qualify as a bona fide purchaser?
- What are the most pressing emerging issues in environmental due diligence?
Amanda Neidert Kesler
Miles & Stockbridge
Ms. Kesler’s diverse environmental law practice encompasses regulatory compliance and permitting, environmental... | Read More
Ms. Kesler’s diverse environmental law practice encompasses regulatory compliance and permitting, environmental and toxic tort litigation, and contaminated property transactions. Adept at helping clients understand and limit their environmental risks, maneuver through compliance challenges, and achieve their business goals, she works on a broad range of environmental issues, including wastewater, solid and hazardous waste, air quality, and product liability. Ms. Kesler counsels clients on complex regulatory compliance issues involving various environmental statutes, including the Clean Water Act; the Clean Air Act; CERCLA; Emergency Planning and Community Right-to-Know Act; Federal Insecticide, Fungicide, and Rodenticide Act; Resource Conservation and Recovery Act; Toxic Substances Control Act; and related state statutes. She also regularly advises clients on environmental liability, insurance and due diligence issues related to real estate transactions and corporate acquisitions and divestitures. These include evaluating and resolving environmental compliance and contamination issues, advising on contractual terms, handling permit transfers, negotiating remediation agreements, and helping clients pursue property remediation under state voluntary cleanup programs.Close
Andrew J. Perel
Mr. Perel is an environmental partner at Troutman Pepper with more than 30 years of vast experience representing... | Read More
Mr. Perel is an environmental partner at Troutman Pepper with more than 30 years of vast experience representing clients on all aspects of environmental law, including real estate, environmental regulatory and risk management, and assessment matters. Mr. Perel has specific experience advising on development and redevelopment projects, risk management and insurance, remediation of contaminated properties, environmental compliance and due diligence for real estate financing and corporate transactions, and litigating complex environmental and environmental insurance coverage claims and disputes. Mr. Perel’s clients include financial institutions, real estate developers, redevelopers, REITs, and major players in the insurance, corporate, and hotel and hospitality industries. For his financial institution clients, Mr. Perel counsels on real estate acquisitions, development, and financings, as well as in commercial mortgage backed securities transactions. Mr. Perel currently serves as Vice-Chair of Programs for the Environmental Disclosure Committee of the American Bar Association’s Section of Environment, Energy and Resources.Close
Freedom S.N. Smith
Ms. Smith concentrates her practice in the areas of environmental and toxic tort litigation, environmental... | Read More
Ms. Smith concentrates her practice in the areas of environmental and toxic tort litigation, environmental insurance coverage, product liability and general business litigation. She has experience managing environmental liability in business transactions, hiring and working with environmental consultants to achieve client objectives, litigating cases for both public and private clients involving environmental clean-ups, and handling environmental insurance and coverage claims.Close