Environmental Issues in Business Transactions

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ISBN: 9781614382133
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ISBN: 9781614382133
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Environmental laws and regulations play an increasingly important role in corporate transaction and affect a wider range of businesses from the multinational corporation to the mom-and-pop corner service station or dry cleaner. There are now many tools in the environmental law toolbox and strategies that lawyers can employ to address environmental issues if the issues are identified and addressed early enough in the deal negotiations.

This eBook version of Environmental Issues in Business Transactions is a unique publication that not only discusses the principal state and federal environmental regulatory programs affecting business and commercial transactions, but also offers practical guidance on the impact of these complex requirements from the unique viewpoint of a transactional lawyer. The chapters have been written by seasoned environmental lawyers with extensive transactional experience. The authors share strategies and guidance that have been successfully used in a wide range of sophisticated and complicated business transactions.

The book discusses environmental laws from a transactional perspective. It focuses on the information that a transactional lawyer needs to identify, evaluate and effectively address environmental issues. The book not only provides practical approaches to minimize or manage environmental liabilities but can also help extract value in transactions when adopted early enough in transactions. Includes valuable forms that you can customize to your practice needs.

Table of Contents

Contents

Preface

Chapter 1

Environmental Science and General Hydrogeologic Principles For Lawyers

Chapter 2

Glossary of Commonly Encountered Technical Terms

Chapter 3

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Chapter 4

Resource Conservation and Recovery Act (RCRA)

Chapter 5

Clean Air Act Issues in Business Transactions

Chapter 6

Clean Water Act

Chapter 7

The Toxic Substances Control Act and Business Transactions

Chapter 8

Environmental Crimes and Business Transactions : Pitfalls and Practice Points

Chapter 9

Common Law Approaches to Environmental Damage Claims

Chapter 10

Environmental Liability of Parent Corporations and Successor Corporations

Chapter 11

Overview of Lender Liability Under Environmental Laws

Chapter 12

The Intersection of Environmental and Bankruptcy Laws

Chapter 13

Environmental Due Diligence

Chapter 14

Using Federal and State Auditing Policies in Business Transactions

Chapter 15

SEC Disclosure Obligations: Increasing Scrutiny on Environmental Liabilities and Climate Change Impacts

Chapter 16

Environmental Accounting and Tax

Chapter 17

Environmental Insurance

Table of Cases

Index

About the Authors