A major problem with definitions of environmental terms in commercial and real estate transaction documents is that they become overly inclusive, confusing, and unworkable. A definition of "hazardous materials" which includes virtually every substance known to man in...
Environmental Due Diligence
Three Overarching Tasks And Principles
So, what are the implications of the background principles of law discussed in earlier blogs, and what principles overall should govern how your environmental lawyer makes herself really useful to you in the process?Three Overarching Tasks and Principles or...
What about “as is” clauses? Can’t we still use them?
We devote a whole blog to this because it's one of those areas where standard practice in the field, pre-environmental law, has been totally overtaken by cases where "as is" clauses intersect with environmental problems after a deal is done.Some relatively...
Environmental Due Diligence in the Real Estate and Business Deal – Background Legal Principles
By way of background, if you're a real estate lawyer, you'll want to understand that environmental law principles as applied in the context mostly derive from established real estate principles, though with a few twists - others can skim through this discussion or...