Environmental Warranties for Carbon Emissions: New Regulations and Developing Legal Trends
Mitigating Environmental Liabilities and Risks in Business Transactions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide practical tips for legal counsel to businesses planning environmental due diligence in assets and share acquisitions. The panel will offer guidance for counsel dealing with environmental warranties and other risk protection measures.
Outline
- Legal framework
- Federal law
- Clean Air Act
- EPA regulations
- SEC regulations
- Other agency requirements
- State law
- Federal law
- Scope of due diligence of corporate risk
- Types of risk
- Company climate change review
- Evaluation of risk and opportunities presented by climate change issues
- Develop plan to manage risk
- Insurance and other forms of liability risk transfer
- Best practices for disclosures, warranties and other risk protection measures
- What disclosures are required
- Warranties are essential, regardless of the jurisdictions involved
- Time limits and financial caps
- Ring-fencing/boxing of warranties
- What types of risk are usually covered
- Triggers for bringing claims and conduct of claims
Benefits
The panel will review these and other key questions:
- What environmental due diligence efforts are necessary to reduce corporate risk in a global business environment focused on reducing GHG emissions?
- What steps should companies and counsel take to develop plans to manage risk?
- What environmental warranties must be obtained, regardless of the jurisdictions involved?
Faculty

Reed D. Rubinstein
Shareholder
Greenberg Traurig
He concentrates on environmental and administrative law and handles matters involving development, implementation, and... | Read More
He concentrates on environmental and administrative law and handles matters involving development, implementation, and management of environmental, health, and safety programs for clients. He also handles matters involving structuring pollution, cost-cap, and other risk transfer insurance, litigating environmental and mass tort coverage claims.
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Troy S. Brown
Partner
Morgan Lewis & Bockius
He focuses on litigation concerning mergers and acquisitions, with an emphasis on post-acquisition indemnity disputes... | Read More
He focuses on litigation concerning mergers and acquisitions, with an emphasis on post-acquisition indemnity disputes over pre-acquisition compliance with environmental laws, including the Clean Air Act's provisions addressing PSD/NNSR and regulations addressing hazardous air pollutants. He counsels clients on litigation risk management when negotiating environmental indemnification provisions.
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