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Environmental Diligence During a Pandemic Lockdown: Examining the Permissibility of Environmental Site Visits Under Covid-19 Stay-At-Home Orders

Alerts and newsletters | April 28, 2020

Stay-at-home orders related to the COVID-19 pandemic are presenting unprecedented questions to businesses, including entities conducting environmental diligence in connection with financing, acquisition and divestiture transactions. Given the absence of clear federal, state or local guidance on the issue, parties contemplating a site visit in connection with environmental diligence should consider whether the visit is permitted pursuant to relevant stay-at-home orders, whether workarounds, such as remote inspections, might satisfy diligence needs (including ASTM standards or requirements of lenders and insurers), and whether contractual protections might provide an alternate solution.

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