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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 provides 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