Source: https://www.lexology.com/, July 11, 2025
By: Andrew P. Van Osselaer, Storm Lineberger and Reese Letourneau, Haynes Boone

Too often, concerns over environmental contamination impede negotiations in business transactions — especially those involving commercial property. These environmental risks can take many forms: known or potentially unknown on-site contamination, liability for off-site contamination (e.g., through waste disposal or transport activities), the acquisition of environmental liabilities through assumed contracts and so on. At the negotiating table, these risks can become a game of hot potato, with neither party willing to assume them post-closing. Absent a solution, they can even be deal-killers. Savvy parties, however, recognize another option: insurance. Read more.