Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
On Dec. 20, 2013, the U.S. Environmental Protection Agency issued its final rule on allowing the new American Society for Testing and Materials Standard E1527-13 to be used to meet the "all appropriate inquiry" standard for the innocent landowner defense under the federal Comprehensive Environmental Response, Compensation and Liability Act. This rule has an immediate effective date, so that all Phase I Environmental Site Assessments from Dec. 30, 2013 forward may use the standard.
The ASTM issued the new standard in November 2013. Originally, the EPA concluded that both standards could be used. However, in the recent rule, EPA specifically recommended that ASTM E1527-13 be used rather than the 2005 standard in the Federal Register announcement. The agency stated that it will propose another rule removing the 2005 standard as an acceptable approach for conducting a Phase I ESA. Thus, few environmental professionals conducting Phase I ESA's will likely continue using the 2005 standard.
One of the important issues raised with the new standard relates to evaluation of vapor migration as part of the Phase I ESA process. This has implications for transactions for buyers and sellers, investors and lenders in the context of business transactions in the new year and thereafter. The EPA specifically stated that vapor issues must be evaluated to meet AAI requirements.
Vapor issues have been difficult to rule out and time consuming to investigate and resolve. Care and experience in this area will be necessary to maneuver through vapor issues and attempt to resolve these issues as quickly as possible to allow buyers and lenders to evaluate any risks and develop risk mitigation steps to address these issues in order to close deals.
Several other revisions were made through the new 2013 ASTM standard. These include a revised definition of "historical recognized environmental condition," a new term of "Controlled Recognized Environmental Condition," regulatory agency file and record review and certain other changes.
Gardere Wynne Sewell LLP issued a prior Client Alert on this issue on Nov. 13, 2013. (See "Still in the Air but Landing Soon: EPA's Vapor Intrusion Requirements.")
If you have any questions regarding this alert, please contact Gardere Environmental Attorneys David M. Bates (firstname.lastname@example.org or 713.276.5355), Jonathan Bull (email@example.com or 214.999.4050), Scott D. Deatherage (firstname.lastname@example.org or 214.999.4979) or Frances E. Phillips (email@example.com or 214.999.4803).
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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