Our exclusive focus on environmental matters makes us uniquely qualified to conduct due diligence and spot problems that could directly affect transactions.
Why B&D?
Two things set us apart from other firms involved in transactions and due diligence: our exclusive focus on environmental matters and our concentration on commercial real estate. We can identify and—crucially—quantify the most critical environmental liabilities because we have authoritative knowledge of virtually any environmental issue. This expertise enhances our transactional lawyers’ ability to negotiate and draft key deal provisions.
Clients typically engage us for transactions that involve complex environmental problems. We know that navigating these problems requires fluency in technical subjects such as operating permits, chemicals, regulatory compliance, wastewater discharges, air permits, etc.—and we’re the rare firm that can handle them all.
Our reputation for working seamlessly with deal counsel isn’t a coincidence. Members of our team have served in senior legal roles at some of the world’s largest corporations, giving them first-hand insight into our clients’ concerns and expectations.
Clients
We represent domestic and international clients in every major sector of the commercial real estate industry. Recently, for example, we advised several Fortune 500 manufacturers in their purchases and sales of manufacturing facilities and raw land in a number of states and negotiated economic incentives with state and local governments. And our due diligence review of a Fortune 100 company’s potential environmental liabilities helped to persuade our client to acquire the company.
Focus
Beveridge & Diamond has extensive experience in the environmental aspects of real estate transactions involving performing and distressed office, retail, industrial, mixed-use, and multi-family assets. We additionally advise corporations in their property-related projects or the real estate aspects of their mergers and acquisitions. Our core services include:
- Managing environmental consultants during pre-acquisition/pre-loan due diligence and advising clients with respect to the impact of environmental risks on the investment.
- Defining the desired scope of Phase I and Phase II reports and other due diligence materials, and reviewing and analyzing these materials once produced.
- Preparing site-specific strategic plans for environmental aspects of closure or transfer, including anticipated communications with governmental entities, assessment of permit transferability, and assistance with permit applications.
- Allocating risks through negotiation of purchase and sale agreements, loan agreements, environmental indemnities, and guarantee agreements.
- Negotiating and drafting environmental provisions of transactional documents.
- Obtaining and reviewing environmental insurance policies.
- Developing and implementing written environmental risk policies and procedures, including creating and providing employee training.
- Evaluating and monitoring compliance with environmental laws and permit requirements.
- Interacting with tenants (e.g., indoor air quality, waste management, etc.).
- Assessing appropriate EHS measures for construction/renovation projects (e.g., asbestos abatement).
- Managing site remediation and Brownfield projects.
- Litigating CERCLA cost recovery, toxic tort claims, and administrative proceedings.
- Conducting pre-sale exit assessments prior to asset dispositions.
As a firm solely focused on environmental matters, we are uniquely qualified to help deal participants evaluate environmental issues in both equity and lending acquisitions. Our lawyers have conducted environmental due diligence in a wide variety of commercial transactions, helped structure the transactions to minimize risks, and negotiated the allocation of potential environmental liabilities.
The environmental reviews and assessments we manage—both pre- and post-transaction—range from single properties or facilities to multiple domestic and international facilities owned by large, integrated chemical, mining, and manufacturing companies. Our innovative techniques, furthermore, can help clients quantify the risks they may face in any particular transaction. We can provide detailed background on applicable U.S. and non-U.S. environmental laws and regulations as well.
