The need for environmental evaluation and review can arise in many contexts. Buyers of real property must conduct an environmental evaluation as part of their due diligence process, and sellers likewise need to understand the nature and extent of any contamination in order to seek adequate protection against liability when entering into purchase and sale agreements. Lenders, although rarely directly liable for environmental conditions on a property that is the subject of a loan, need to understand the environmental conditions on property before lending as well.
Representation for Buyers, Sellers and Lenders in Real Estate Transactions
New York, New Jersey and the United States government all apply slightly different due diligence standards with regard to environmental evaluations and review. In representing buyers, our attorneys work with trusted environmental professionals to conduct due diligence investigations and ensure that our clients are not buying contaminated properties (or, if necessary, to ensure that the purchase of a contaminated property conforms with the applicable “innocent purchaser” provisions of state and federal law). As seller’s counsel, our attorneys, working diligently to ensure that our clients’ potential exposure is no greater than absolutely necessary. For lenders, we work to ensure that the condition and value of subject properties are appropriately documented.
Municipal Counsel for Environmental Evaluations and Review
In our capacity as municipal counsel, we are routinely called upon to review environmental submissions from parties seeking to perform projects within our clients' jurisdictions. We provide experienced guidance to our municipal clients to ensure that all legal safeguards are enforced, that their residents are adequately protected, and that all reviews comply with the State Environmental Quality Review Act (SEQRA).