Due Diligence
Because the cost of cleaning up contaminated land or obtaining an essential permit can be high, identifying and quantifying the likely environmental risks are important steps in most transactions. Our lawyers regularly conduct environmental due diligence audits and use this information to help the client structure and finance transactions that allocate the environmental risks. Common transactional hurdles may include state property transfer statutes, the transfer of permits, or even the division of environmental permits where the transaction involves a purchase of part of a larger facility. Where the risks cannot be allocated to the satisfaction of buyers, sellers and lenders through indemnities and escrow arrangements, we will negotiate manuscript insurance coverage for environmental risks.
Corporate Compliance
Maintaining compliance with constantly changing environmental laws is a struggle for even the most well-informed company. Like transactional due diligence audits, compliance self-audits help the client identify and correct problems before they get out of hand or are discovered by regulators. Our lawyers work closely with the client to perform self-audits and suggest practical remedial and preventive measures. Should a client discover a matter of significant non-compliance, we negotiate with regulatory agencies to achieve cost-effective compliance and minimize penalties.
Actions taken in connection with transactional due diligence or internal audits frequently include:
- Coordinating the work of consultants to identify permitting issues or problems with hazardous waste handling, air emissions, or waste water discharges
- Identifying and quantifying environmental risks, and negotiating appropriate risk allocations between buyers, sellers and lenders
- Complying with state property transfer statutes
- Negotiate terms of pollution insurance products
- Negotiating permit standards with regulatory authorities and shepherding permit applications through the public review process
- Answering charges of non-compliance brought by government agencies or citizen groups
- Guiding the cleanup of sites contaminated by plant operations or underground storage tanks, including cost recovery from state UST trust funds
Governmental Investigations, Enforcement Actions and Debarment
Our experienced attorneys know how to help the client respond quickly and appropriately to unannounced site inspections or requests for information from federal or state investigative agencies. Often this will require our lawyers to perform prompt and comprehensive internal investigations for the client.
We have defended corporations against claims of illegal hazardous waste disposal, illegal wastewater discharges, record-keeping violations, and reporting failures. Although dealing with governmental investigations and enforcement actions may be a rare event for the client, lawyers at Robinson Bradshaw handle such matters routinely. Examples include:
- Responding to information requests under Superfund or due to federal investigations into whistleblower claims of illegal dumping
- Advising clients regarding unannounced inspections and facility searches
- Defending debarment proceedings to prohibit contracting with federal or state agencies due to environmental noncompliance
- Helping public company clients address disclosure and reporting issues raised by investigations