Environmental Law

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Kutak Rock environmental lawyers have extensive experience in assessing and advising clients concerning the adequacy of environmental due diligence associated with real estate acquisition, mergers and acquisition, lending activities and real property development. Assessments are designed to assure that the documentation provided or created adequately addresses the environmental condition of property and the liabilities or impairments that may be present. Armed with such information, we assist clients in negotiating appropriate risk allocation documents. Risk allocation is accomplished through environmental insurance, indemnity agreements and contractual terms. Our firm is well versed in negotiating pollution legal liability insurance contracts, tailoring endorsements to address specific risks associated with transactions, and crafting contract language that provides layers of protection from liability and impairment risk. Our environmental attorneys can advise and assist in matters involving wetlands, endangered species, clean air and clean water requirements and permits. Litigation and related experience includes recovery for costs against responsible parties pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund), defense of claims and regulatory orders, counsel in investigations and compliance matters and structuring programs to avoid environmental risk to an organization.