Environmental & Energy Transactional
Buyers, sellers, lenders, investors, and others rely on the Department’s expertise regarding the transfer of properties and corporate interests, as well as for more specialized projects, including the development of alternative energy projects and innovative energy endeavors.
The Department maintains an acclaimed deal practice. When transferring real properties and corporate interests, businesses need to understand how the transfer will impact their liabilities. The Department performs due diligence, drafts agreements, and negotiates to help broker solutions with respect to the allocation of environmental liabilities. The Department was recently retained to do all the deal work for the leasing of over two hundred service stations, to advise a private equity company regarding the acquisition of several paper mills, and to find creative solutions for a bank which foreclosed on a number of significantly impacted brownfield properties. Attorneys in the Department have been involved in major national transactions. For example, one of the Department’s attorneys played in a lead role in the 2008 Republic Services, Inc. and Allied Waste Industries merger and another attorney helped perform the transactional work for the acquisition of a national portfolio of electricity generating facilities.
The Department’s transactional team frequently works on innovative projects. The Department recently advised clients regarding the development of a landfill gas-to-energy project, a large-scale geothermal project, and a biofuel facility. The Department recently helped a major client develop a product that allows interested parties to obtain reliable LEED project information. In order to develop this product, the Department established a working relationship with the U.S. Green Building Council (USGBC) and the Green Building Certification Institute (GBCI). The Department is also helping an insurance client develop a product to insure the validity of instruments used to comply with climate change regulations, including carbon credits and offsets. The Department is well-versed in similar transferable energy products, including renewable energy certificates and emissions allowances.