Beveridge & Diamond
 

Environmental Due Diligence

Overview

Beveridge & Diamond, P.C. understands the need for a thorough evaluation of environmental risks and liabilities to support informed decision making by all parties to corporate acquisitions, mergers and other commercial and real estate transactions. Due to our extensive environmental experience, we are uniquely qualified to help purchasers, sellers and lenders evaluate environmental issues, including current compliance with environmental requirements and potential liability for past practices, such as disposal of hazardous substances. The Firm has conducted environmental due diligence in a wide variety of commercial transactions, helped structure these transactions to minimize risks and negotiated the allocation of potential environmental liabilities.

Full Description

Beveridge & Diamond understands the need for a thorough evaluation of environmental risks and liabilities to support informed decision making by all parties to corporate acquisitions, mergers and other commercial and real estate transactions. We offer a wide range of environmental, corporate and real estate experience that enables us to help purchasers, sellers and lenders evaluate environmental issues. The Firm has examined environmental liability issues present in a wide variety of commercial transactions, helped structure these transactions to minimize risks and negotiated the allocation of potential environmental liabilities.

The environmental reviews and assessments we manage range from the evaluation of single properties or facilities to large, integrated chemical, mining and manufacturing companies with multiple domestic and international facilities. These assessments typically seek to evaluate current compliance with environmental requirements and potential liability for past practices, including on-site and off-site disposal of hazardous substances. We have developed innovative techniques to help quantify the risks our client may face in any particular transaction. The Firm also can provide detailed background on applicable U.S. and foreign environmental laws and regulations, as well as an assessment of current and potential new requirements.

We often negotiate and draft the environmental provisions of stock or asset purchase agreements, leases, indemnity agreements, releases and other documents. We advise our clients of the pros and cons of alternative provisions and structures based on the facts and circumstances of each transaction.  

Representative Matters
Representative Matters
  • We reviewed the potential environmental liabilities of a Fortune 100 company prior to its acquisition by our client. We provided a range of cost estimates for major identified liabilities, an evaluation of the potential for additional Superfund liability for past acts of former subsidiaries and a site-specific evaluation of representative facilities. 
  • We reviewed the potential environmental liabilities of a mining and mineral processing company on behalf of a potential purchaser, and presented our findings to the client's Board of Directors. In doing so, we evaluated information regarding potential environmental remediation costs and natural resource damages associated with well over 100 mining, mineral processing and manufacturing sites, some dating back to the 1800's. 
  • We reviewed environmental liabilities associated with a number of facilities of a large chemical company in the United States and abroad prior to their acquisition by our client. The Firm evaluated reports prepared by the target company for completeness and reliability, identified major areas of concern and recommended areas of further investigation. 
  • We evaluated potential environmental liabilities associated with several dozen facilities of a large chemical company for the benefit of a potential purchaser. This review focused on potential costs of cleaning up disposal areas at the facilities and at two-dozen off-site disposal areas. 
  • We reviewed multiple facilities of a wire manufacturer on behalf of a purchaser, and negotiated all environmental portions of the purchase agreement. We also were responsible for the transfer of permits and supervised the seller's compliance with state property transfer law requirements. 
  • We evaluated the potential environmental liabilities associated with several coal mines on behalf of a multinational corporation considering making an offer for the mines. This evaluation covered the traditional federal and state environmental requirements as well as other federal, state and local regulatory and land use requirements specifically applicable to coal mines.
  • We evaluated and quantified potential future regulatory risks in connection with a large power producer’s proposed purchase of several large coal-fired power plants in the Midwestern United States.