Environmental Due Diligence in M&A Transactions
Association of Corporate Counsel
December 16, 2011
Dana L. Choi- Miami
William N. Shepherd- West Palm Beach
Litigation Partner William Shepherd and Senior Counsel Dana Choi co-authored an Association of Corporate Counsel QuickCounsel titled "Environmental Due Diligence in M&A Transactions."
The fundamental purpose of environmental due diligence is to qualify for potential liability protections under CERCLA and make the acquisition team aware of any environmental conditions that may exist that exceed applicable regulatory standards or may increase the cost of redevelopment of the facility or property. Environmental due diligence is an essential and critical step in any acquisition process. It also requires significant resources from both in-house and outside specialists. Diligence needs to be tailored to the particular industry and location of the target company, and care must be taken in reviewing the target company’s specific environmental risks. This QuickCounsel provides an overview of the environmental issues in-house counsel should consider in a merger, including environmental site assessments and common environmental statutes.
This QuickCounsel was written by Holland & Knight and produced by ACC. ACC is the world's largest community of in-house counsel, with more than 25,000 members in over 70 countries. This quality resource is one of many resources that ACC provides to its members. For more information, please visit www.acc.com/resources or email membership@acc.com.
READ: Environmental Due Diligence in M&A Transactions
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