A substantial part of Baker & Daniels' environmental practice involves counseling sellers, buyers, lenders and fiduciaries on environmental risks associated with the sale or financing of businesses, including real estate transfers. These representations involve:
-
Management of "due diligence" efforts to establish the "no reason to know a facility was contaminated" defense in future liability challenges
-
Assistance in complying with the Indiana Responsible Property Transfer Law
-
Negotiation and drafting of agreements allocating environmental risks among the parties
-
Counsel on remediation plans whether voluntary or agency directed
-
Assistance in obtaining any regulatory approvals required with cleanup or transfer
Baker & Daniels professionals also advise clients on asbestos abatement, wetlands protection and mitigation, storm water discharge rules and construction permit issues. We have extensive experience on requirements applicable to underground storage tanks, including installation, removal, closure and cost recovery, and the actions required with spills and leaks from tanks and other structures.