Environmental Transactional Support

/Overview

Environmental and product-related risks are present in nearly every business transaction, whether a corporate merger, an asset or stock acquisition, an investment, a loan, a real estate deal, or purchase for sale of goods and services. Leveraging our industry experience and interdisciplinary knowledge, our team develops strategies that help clients anticipate, mitigate, allocate, and address these risks in a wide range of complex environmental and product-related transactional issues.

Our team provides broad transactional support for business-related environmental risks. This includes facilitating environmental permitting for projects spanning various sizes across dozens of states; engaging competent consultants and assuring their quality and costs meet client objections; conducting due diligence assessments for purchasers, sellers, lenders, and bond issuers; developing supplier risk management strategies, supply chain controls, policies and programs; and  negotiating environmental and product-related indemnities, warranties, insurance, and representations in commercial agreements. We also support clients in navigating supply chain risks, including materials sourcing, chemical compliance, and end-of-life obligations tied to products and packaging.

NP’s environmental attorneys offer a full suite of legal and advisory services to align transactional activities with corporate sustainability goals and regulatory expectations. This includes policy development, governance framework support, and integration of environmental and product compliance considerations into contract structures. Our commitment to excellence ensures clients receive the strategic guidance and legal clarity required to turn complex transactions into successful, forward-looking outcomes.

/Representative experience

• Provided comprehensive environmental support for the acquisition of several large-scale wineries and distilleries throughout California and Kentucky, including real estate due diligence and wastewater permitting.
• Directed environmental due diligence and remedial activities to facilitate the acquisition of an automotive maintenance facility chain, including Phase II investigations and compliance related to hazardous waste disposal and bulk petroleum storage.
• Facilitated sell-side environmental investigations for a large multi-state agribusiness conglomerate. 
• Assisted with evaluation of international compliance issues for several overseas acquisitions of environmentally-sensitive entities, including several agricultural properties in Italy, automotive repair facilities throughout Puerto Rico, and multi-locale industrial manufacturing company in Honduras. 
• Identified programmatic and transactional solution for consumer brand client to manage emerging stewardship and circularity requirements for packaging allowing for efficient management of packaging risks within their supply chain and reduced compliance burden.
• Advised and assisted client in the successful execution of an emissions credit transaction, including strategic counsel on regulatory compliance and preparation of required reports to applicable federal and state environmental agencies. 
• Developed and implemented a transactional solution for client to address Extended Producer Responsibility (EPR) requirements, including coordination across the supply chain to facilitate data collection and establish procedures for upstream and downstream reporting compliance. 
• Assisted client in managing supply chain risks by designing a supplier onboarding process that identified key environmental risk factors and integrated risk mitigation measures into supplier codes of conduct, screening protocols, and contractual supply agreements.

/Recognition

• Nixon Peabody has been named a Tier 1 National firm for Environmental Law in the 2024 edition of Best Law Firms®.