2023 Environmental liability in commercial real estate transactions

Environmental liability is one of 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.