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Environmental Insurance and Risk Management

Shipman’s environmental lawyers regularly advise on numerous environmental insurance and risk management matters, both regionally and nationally.

We counsel our clients with innovative legal risk management strategies (including the use of environmental insurance and other liability transfer strategies) to box in risk.  In several cases of national prominence, we have utilized liability transfer strategies to effectively cap costs and address potential future liability.  We work with buyers, sellers, developers, banks and other private institutional lenders/investors, energy companies, and engineering firms to develop and utilize environmental insurance and other risk transfer mechanisms to creatively manage environmental concerns and close deals involving contaminated properties. 

Our representation includes:

  • Evaluating risk and working with environmental insurance brokers to design specifications and select products for coverage
  • Negotiating coverage issues with insurance companies
  • Manuscripting policies to extract the best coverage possible
  • Assisting with environmental claim management
  • Developing and negotiating guaranteed-fixed price or aligned interest contracts (with and without insurance) to limit cost-overruns and incentivize efficient and effective remediation and project completion

Related Practices

  • Environmental

Experience

Environmental

Advising Regional Airport Operator Regarding Potential Historical PFAS Contamination

As part of its obligations under a long-term lease and management agreement, we are advising an airport operator in connection with potential historical PFAS contamination from on-site firefighting training.  Our advice includes evaluating current and future federal and state PFAS requirements, developing a strategic investigation/due diligence approach, evaluating potential remediation and mitigation/risk management options (including environmental insurance) and negotiating the allocation of responsibilities and liabilities among various parties.

Assisting a Multinational Specialty Chemicals Manufacturer Evaluate and Manage PFAS Risks Associated with Site Remediation and Wastewater Management

We are assisting a multinational specialty chemicals manufacturer assess and manage various PFAS risks, including on- and off-site soil and groundwater remediation, wastewater discharges/permitting, hazardous waste generation and transitioning the facility’s stationary and mobile fire suppression systems away from PFAS-containing aqueous film forming foam (AFFF).

Legal and Technical PFAS Risk Management Planning for a Multi-State Food and Beverage Company

We provide comprehensive assistance to a large, multi-state food and beverage client undertaking an extensive legal and technical PFAS risk management plan to address its potential operational risks, including up and down its supply chain. The project involves engaging and directing a national environmental consulting firm, coordinating technical and legal advice on the rapidly changing legal/regulatory federal and multi-state landscape, advising on technical, health and litigation developments and addressing all stages of the client’s operations from procurement, food production, transportation, packaging and distribution. Our ongoing support also includes advising on PFAS sampling strategies, supply chain contracts, insurance coverage (looking backward and forward) and stakeholder communications.

Ongoing Assistance to Food and Beverage Companies Regarding PFAS and Food Packaging Compliance

As state-level bans on intentionally added PFAS in food packaging continue to go into effect, we regularly assist food and beverage companies with multi-state and international footprints undertake highly nuanced legal and technical evaluations of PFAS risks associated with food packaging and compliance. This effort includes requesting certificates of compliance from upstream food packaging suppliers as well as evaluating and responding to similar demands from downstream distributors, wholesalers and retailers.

General

$28+ Million Customized Secured Lender Environmental Insurance Policy Permits National Bank to Close Construction Loan

Successfully guided a national bank client to procure and bind a customized environmental insurance program in connection with the bank’s $28+ million construction loan for its borrower in California. The loan’s collateral property involved a former industrial site near Los Angeles International Airport (LAX), slated for redevelopment into a world-class office headquarters for a major (Fortune 10) technology tenant. The environmental insurance program consisted of a bespoke “secured lender” base policy with $10 million in limits and an “excess” layer from another insurer with over $18 million in limits to protect the bank in case the borrower defaults on loan payments due to a pollution condition. Without the insurance, the lender would not have been comfortable with the environmental risks presented by the collateral property, making the insurance program one of the most critical facets of the entire transaction. Total costs (including all premiums, taxes, broker commissions and legal fees) for the environmental insurance program (borne by the borrower) amounted to just 0.3% of the loan principal.

Closing of Commercial Real Estate Mezzanine Financing Loan Origination

Real Estate Debt Investment Fund

Represented a real estate debt investment fund in the closing of an approximate $5MM mezzanine loan behind a conduit/CMBS investment bank mortgage lender (for a total capital stack of approximately $40 MM). The underlying property was an office building located in the greater New York City area. Additionally, our environmental team advised on environmental due diligence, environmental insurance options and negotiated the terms of the environmental indemnity agreement to provide our client with stronger protection against environmental risks, including the known contamination on the property.

Represented Aerospace Products Manufacturer During Negotiation of $84 Million Stock Purchase Agreement and Provided Strategic Business Counseling Regarding Environmental Risk Transfer Strategies

Privately Held Company

Advised privately held company and its shareholders during the negotiation of a stock purchase agreement whereby the buyer, a NYSE traded company, agreed to purchase all of the outstanding shares of the company for $84 million. Successfully negotiated a deal structure to favorably protect the shareholders of the privately held company with respect to historic environmental contamination and negotiated agreements that established strict parameters and procedures by which environmental escrow funds may be used post-closing to address historic environmental contamination.

Insights

Publications

July 2, 2024

Connecticut Bans PFAS in Consumer, Safety, Agricultural Products

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June 28, 2024

PFAS in Packaging: What the Food Industry Needs to Know

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News

March 28, 2022

Shipman Adds Regulatory Depth to Environmental Law Practice

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May 13, 2021

Alfredo Fernández Named “New Leader in the Law”

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Events

March 5, 2025

Lease Issues Relating to Insurance and Lenders

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November 13, 2024

Farm to Table: Managing Legal and Business PFAS Risks in the Food/Bev Sector

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Primary Contacts

Andrew N. Davis bio photo
Andrew N. Davis

Partner

860.251.5839

adavis@goodwin.com
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