Environmental
The heightened focus on climate change and environmental liability by regulators and financing sources and the increased threat of related statutory and common law liability have made accurate assessment of environmental factors a potentially critical component of many transactions. Schulte’s Environmental Group works with the firm’s M&A, Finance and Business Reorganization groups to identify and evaluate environmental risks and limit our clients' exposure.
Representations
- Transactional environmental representation of private equity in mergers, acquisitions, financings and workouts for a diverse industry base, including: the acquisition of a major automobile manufacturer; one of the country’s largest paper manufacturers; a major provider of integrated well completion services in the US, including vertical fracturing; numerous mining businesses, including coal and precious metals; textile manufacturers; and various commercial consumer businesses.
- Representation of the federal government of Mexico in connection with claims related to the Deepwater Horizon Oil Spill. United Mexican States (Estados Unidos Mexicanos) v. BP Exploration and Production Inc., MDL No. 2179 (E.D. Louisiana)
- Negotiation of CERCLA consent order on behalf of a demolition and recycling company in connection with work performed at an abandoned petroleum refinery and an off-site asbestos abatement of nearby properties. In the Matter of the Tallaboa Industrial Park Site (Puerto Rico).
- Representation of demolition and recycling contractor in a First Circuit appellate action for pre-enforcement review of CAA order alleging NESHAP violations in connection with work performed at an abandoned petroleum refinery in Puerto Rico. Homeca Recycling Center v. EPA.
- Representation of insurance carrier in connection with coverage dispute concerning Clean Air Act enforcement action. Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 915 N.E.2d 524 (Ind. Ct. App. 2009); Cinergy Corp. v. St. Paul Surplus Lines Ins. Co., 873 N.E.2d 105 (Ind. Ct. App. 2007); Cinergy Corp. Associated Elec. & Gas Ins. Servs., Ltd., 865 N.E.2d 571 (Ind. 2007).
- Representation of mortgagee seeking to intervene in lawsuit to prevent entry of consent decree governing CERLA remediation of mortgaged property. United States v. Pitney Bowes, Inc., et al.,25 F.3d 66 (2d Cir. 1993).
- Defense of lender in private cost recovery lawsuit under CERCLA. EDO Corporation, et al. v. Elinco Associates Limited Partnership, et al., Civ. No. 393-CV-00504 (D. Conn.).
