We work with clients on a variety of transactions involving complex environmental issues. We help identify, evaluate, allocate and manage environmental risks and liabilities through due diligence and structuring and negotiation of agreements. We also assist clients on integration plans for 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. In addition, we represent financial institutions and borrowers in private and public financings and underwriters and issuers in public offerings of bonds and stocks.
With experience spanning six continents, we understand how to manage the environmental aspects of multi-jurisdictional transactions. Our established relationships with consultants and in-country counsel enable us to quickly deploy the resources needed to provide seamless support in multi-jurisdictional transactions.
Bidding Acquisitions and Divestitures. We have represented a number of sellers of assets in bidding transactions (including developing due diligence information for potential buyers). We have also advised buyers in a variety of bidding transactions, including bankruptcy auctions.
Environmental Securities Disclosures. For our publicly traded clients, we stay on top of the latest disclosure requirements of the Securities and Exchange Commission and advise on new developments in environmental law, environmental, social and governance (ESG) issues, and climate disclosure rules. We respond to SEC comment letters related to ESG issues and climate disclosures.
Environmental Attributes. Many of the most cutting-edge transactions involving environmental issues today involve the allocation of environmental attributes, which represent the abstract environmental benefits associated with a product or process. These attributes can give rise to regulatory credits, tax credits, or the ability to generate voluntary credits associated with environmental benefits. Our environmental lawyers understand the regulation, science, policy, and business involved in the allocation and assignment of environmental attributes in relevant business transactions.
Environmental Insurance. Our experience with environmental insurance—including extensive work in negotiating policy language with various insurance carriers—is a key component of our ability to advise clients interested in transferring their contaminated properties (and associated remediation liabilities) to third parties, including remediation contractors, in order to reap certain tax benefits, realize asset value and improve their balance sheet.
Projects Involving Approvals Under the National Environmental Policy Act (NEPA). We have experience helping clients on the siting, development and modification of energy infrastructure and other types of development projects. We handle all aspects of the NEPA review process, such as coordination between agencies, selection and supervision of the applicant’s consultant, use of federal agency third-party environmental contractor processes, preparation of applications, scoping of environmental issues, preparation of and commenting on Draft and Final EISs and EAs, conduct of public hearings and representation in NEPA-related challenges.
Key Contacts
Related Experience
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BKV Corporation - $430 Million Purchase of the Temple 1 Power Plant
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Westlake Chemical Corporation - $2.15 Billion Acquisition of North American Building Products Businesses of Boral Industries
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CenterPoint Energy, Inc. - $2.15 Billion Sale of its Gas Distribution Assets in Arkansas and Oklahoma to Summit Utilities, Inc.
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Railroad operator - Divestment of water systems
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Tallgrass Energy Partners, LP - $400 Million Public Offering of Senior Notes
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Wells Fargo - $203 Million Public Offering of Common Units by NextEra Energy Partners
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Valero Energy Partners, LP - $196 Million Public Offering of Common Units
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Citigroup - $1 Billion Public Offering of Senior Notes by Plains All American Pipeline, LP
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EQT GP Holdings, LP - $714 Million Initial Public Offering
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Colfax - Acquisition of Roots
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Tallgrass Energy GP, LP - $1.2 Billion Initial Public Offering
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Occidental Petroleum Corporation - Sale of Bridge Tex Pipeline