Clark Carruth advises clients regarding environmental issues in real property and corporate transactions including lending, buying, selling, and leasing. Clark is particularly skilled in finding transactional solutions for environmental issues to bring deals to the finish line. He provides legal expertise tailored to protecting clients from environmental liabilities with a careful focus on preserving marketability for future transactions.
He is experienced in federal environmental issues including RCRA, CERCLA, the Clean Air Act, the Clean Water Act, and NEPA. Within Texas, Clark helps clients navigate the TCEQ and RRC Voluntary Cleanup Programs, The Texas Risk Reduction Program, the TCEQ Innocent Owner Program, Municipal Setting Designations, and underground storage tanks and oil and gas-related issues.
Clark assist clients with:
- Environmental Due Diligence
- Purchase and Sale Agreements
- Loan Documentation
- Merger or Acquisition Agreements
- Environmental Indemnity and Escrow Agreements
- Environmental Insurance
- Lease Environmental Provisions
- Oversight of Environmental Testing and Remediation
- Representation of investment fund in acquisitions of U.S. and international marina facilities in transactions totaling over $1.5B. Representation includes oversight of environmental due diligence, negotiation, drafting and review of environmental documents, including leases with local municipal entities such as the Port of San Diego.
- Represented client in environmental due diligence and acquisition of former oil storage facility intended for redevelopment as resort facility. Representation included structuring of transaction with local municipality for use of economic development corporation, review and negotiation of environmental insurance, and negotiations with Fortune 100 energy company regarding modification of recorded environmental restrictions.
- Representation of commercial mortgage backed securities lender regarding environmental due diligence and related loan provisions for over $2.5B in successfully securitized transactions.
- Represented international telecommunications company in 150+ separate telecom equipment lease acquisitions with regard to environmental due diligence and subsequent environmental compliance.
- Represented municipal power company with regard to $100MM sale of Brownfields asset and related negotiation of environmental insurance and terms governing escrow and long-term remediation and monitoring obligations of buyer post-closing.