Before a transaction, an investor will often hire consultants to conduct environmental due diligence. The environmental impact of business operations are also an element of legal due diligence. How are these two types of due diligence interrelated?
Properly constructed contractual provisions should adequately secure the interests of the parties in the event of environmental violations. They are relevant to nearly every deal.
During due diligence, it should be determined whether a producer of waste has released itself from proper management of the waste by outsourcing management of the waste to third parties.
Administrative fines and increased fees for exploitation of the environment are increasingly included in environmental regulations as sanctions.
The Act of 8 March 2013 Amending the Act on Protection of Agricultural Land and Woodlands went into effect on 26 May 2013—introducing major changes affecting persons seeking to build on highly productive agricultural land.
Infringements of environmental law lead to ever greater liabilities. So it is unsurprising that in recent years investors have been increasingly interested in assessing risks arising from environmental regulations.