Jenner & Block

Environmental Due Diligence, Compliance and Audit Programs

We provide clients with comprehensive and interdisciplinary support to buyers, sellers, lenders and investors involved in corporate transactions throughout the United States and overseas.  We work closely with the Firm’s other Practice Areas to evaluate environmental issues for a variety of business transactions.  We work with clients and, as appropriate, qualified environmental consultants, to develop creative solutions to minimize environmental liabilities while taking into account business priorities.  Our lawyers have conducted due diligence on real estate, corporate and commercial transactions, including REITs, mergers and acquisitions, industrial properties, purchases and sales, corporate restructurings and public offerings.

We are knowledgeable in all phases of corporate transactions, providing guidance with respect to the evaluation of regulatory compliance and potential liabilities associated with target companies, reviewing transaction-triggered laws, negotiating and drafting environmental contract language, permit applications and transfers, and establishing environmental audit and management programs.

We also work with major corporations to develop internal audit and compliance programs.  Corporations understand that even the best environmental, safety and health policies need to be tested to determine whether remote facilities properly adhere to the complex system of state and federal environmental regulations.  We assist clients with developing internal and externally supported programs to assess compliance and develop preventive solutions which eliminate or mitigate against regulatory enforcement.  As part of that process, we regularly work with clients who wish to avail themselves of the protections of federal and state audit disclosure laws which operate to limit or even eliminate potential penalties from disclosed instances of non-compliance.