This CLE will address the resolution of environmental issues arising in business transactions and the challenges associated with environmental litigation. The business transactions portion will cover the performance of environmental investigations, including whether such investigations should be performed by the buyer or seller, and the associated reporting obligations for any findings. If contamination is identified, the program will examine the allocation of responsibility for potential cleanup, including contractual provisions addressing the assumption of cleanup costs, releases of liability, and indemnification.

The litigation component will address the recovery of costs from other parties that may have contributed to the contamination of the property, as well as related insurance coverage issues.