Air Pollution – Soil Vapor Intrusion
Environmental Law Video
Lawyer & Attorney ReferralsAll Required Permits
Posted By James J. Periconi, Esq. on April 6, 2008
Although the possession of and compliance with all necessary permits is important information for a buyer expecting to continue a business or a lender depending on the viability of a business, representations regarding permits do not necessarily cover potential liabilities for remediation or third party damages.
1. A typical provision provides: “Seller has all permits, licenses, authorization, orders or approvals of, and any required registrations with, any Governmental Authority, that are material to the conduct of the business of seller, including, without limitations, all permits relating to compliance with Environmental requirements. All such permits are listed in schedule x.x and are in full force and effect. No material violations have been recorded in respect to any such permit.”
2. Buyer may want an additional representation that there has been no change in facts or circumstances assumed in the application for the permits, as environmental permits are generally based on the application on the application and incorporate the statements and assumption in the application as part of the permit. If those facts change, the permit may no longer be valid.
About the author
James J. Periconi, Esq.
James Periconi’s practice focuses almost equally on commercial property transaction counseling, on environmental regulatory matters in the U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation (DEC), and on environmental litigation in the federal and state courts. A former Chief of Solid and Hazardous Waste Enforcement for the State DEC and an Assistant New York Attorney General prosecuting civil and criminal environmental cases, he has in private practice since 1989 had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions for such sites.
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