2023 Environmental liability in commercial real estate transactions

Recording available after original program date, 11/7/2023

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.

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.