Environmental liability is one the biggest risks in acquiring and/or developing commercial real estate. When environmental risk is not accurately assessed, allocated and/or hedged, the parties to the deal are exposed to very substantial financial liability and the fundamental economics of the deal are jeopardized. This program will provide you a practical guide to developments in environmental diligence in real estate deals, allocating or hedging the risk, and post-closing concerns.
• Sources of environmental liability under federal law
• Assessing risk: Estimating liabilities and incorporating findings into deal documents
• Developments in affirmative defenses
• Contractual allocation of liability
• Uses of environmental insurance
• Post-closing concerns
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