Environmental Aspects of Transactions

"A go-to legal team for environmental matters."

Chambers USA 2021

Baker Botts helps clients identify, evaluate, allocate and manage environmental risks and liabilities through thoughtful due diligence and negotiation of agreements addressing novel and complex environmental issues.

Our environmental lawyers serve as an integral part of the deal and advise on and implement environmental risk mitigation and problem-solving strategies on the most complex acquisitions, dispositions, leases, mergers, joint ventures, financings and restructurings involving assets located throughout the United States and globally.

Asset Integration. We assist clients on planning for and executing integration of the environmental aspects of newly acquired assets or businesses and represent clients in asserting and defending against post-closing environmental claims under indemnification and escrow agreements. We have extensive experience managing permit transfers, financial assurance replacement and regulatory consents associated with corporate transactions.

Financing Deals. We represent lenders and sponsors and borrowers in private and public financings and underwriters and issuers in public offerings of bonds and stocks.

Mergers, Acquisitions and Divestitures. We counsel sellers and buyers of entities and assets, including bidding transactions and bankruptcy auctions. We collaborate with our clients and their environmental consultants to help achieve an efficient and effective approach to environmental, health and safety diligence. We develop tailored due diligence strategies to identify and work on the allocation of liabilities and solutions for potentially material issues, including—when and where appropriate—deal-specific remediation and indemnification agreements. We advise clients on the use of voluntary audit programs in the context of transactions.

Corporate Environmental Disclosures. We advise clients on SEC disclosure requirements and evolving environmental social governance considerations, including those relating to climate change and conflict minerals disclosure obligations under the Dodd-Frank Act, and on the impacts of the Sarbanes-Oxley Act on corporate disclosure and compliance obligations.

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