Environmental Liability Transfer Mechanisms for Mergers & Acquisitions

By Kenny Ogilvie

In today’s ultra-competitive deal environment, where sky high valuations and shortened exclusivity periods are the norm, it is essential for acquirers to perform thorough due diligence and use transactional tools to adequately protect themselves across all areas of the business. Proper use of these tools pre-close allows buyers or sellers to properly manage, reduce, or eliminate environmental risk and achieve profitable success post deal. Environmental risk management is no exception to this rule and liabilities can reach tens ...

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Environmental Risks of Oil & Gas Infrastructure Transactions…the Less Obvious Risks!

By Chris Pratt

Onshore oil and gas exploration and production, especially unconventional, has seen a major expansion across many US states and around the globe over the last 10 years. Fluctuating oil and gas prices have resulted in numerous sales of assets in various stages of their development, operation and abandonment. Many companies have purchased assets without fully understanding the associated environmental liabilities which can have significant impacts on not just the long-term cost of site management and cleanup, but also ...

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Haben wir eine Abmachung? Apaka kita memeliki kesepakatan?


By: Jerry Hincka

Environmental Considerations for International Acquisitions by Jerry Hincka

When working an acquisition involving international assets, there are a number of things to consider before you get to this question (translation provided below).  When your international acquisition involves environmental permits, agreements, or liabilities, your evaluation scope may need to expand.

Most M&A firms have strategies laid out for environmental challenges involved in domestic acquisitions.  Operating permits will need to be transferred, covenants regarding property use will ...

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Key Environmental Due Diligence Considerations – Spotlight on Landfills


By: Kristen Dickey

The waste management industry represents opportunity and growth as experienced and new investors continue to seek landfill acquisitions.  While Americans recycle more each year, municipal landfills are continuing to see steady increases in demand. Growth in consumer goods per capita, in addition to extreme weather events, as well as less available land all contribute to the spotlight on landfills. This article provides a brief look at some of the key environmental due diligence considerations associated ...

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Achieve EH&S Best Practices and add More Value to your Portfolio Company’s Operations by Implementing an SPCC program


By: Mike Arozarena

To drive additional value in your portfolio company post-acquisition, it is important to identify areas to implement or enhance environmental, health and safety (EH&S) programs and best practices. In this article, we discuss the importance of developing an adequate Spill Prevention, Control and Countermeasures (“SPCC”) plan to achieve EH&S best practices. Environmental regulatory requirements at most industrial, commercial, and institutional facilities that store oil necessitate the development of (SPCC) Plans to prevent the release of ...

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