Transaction Issues: Environment

A discussion of the Equator Principles (EP), including their purpose and application to project finance transactions and other non-project related transactions. This Note also discusses the results of the EP Association's strategic review of the EPs and the proposed draft EP3 that incorporates some of the recommendations of the strategic review. 

Checklist of issues to consider after closing of a cross-border private company acquisition.

It is now several decades since environmental issues first became prominent in transactions. While frontline areas of practice in relation to environmental law have advanced and developed, most obviously in the areas of regulatory work and carbon trading, there remains a broad range of approaches to handling these issues in transactions. This article assesses how far transactional practice has moved on in response to experience and developments in regulatory systems and liability structures. In particular, it examines data deficiency and uncertainty, buyer's due diligence, whether a buyer takes on risks identified in due diligence, contractual protection issues, and other solutions. This article is part of the PLC multi-jurisdictional guide to environment. For a full list of jurisdictional Q&As visit www.practicallaw.com/environmenthandbook.

The Equator Principles Association published a draft of version 3 of the Equator Principles (EP3) for consultation, on 13 August 2012.

The Equator Principles Association announced that it had extended its provisional timetable for reviewing and updating the Equator Principles (EPs), on 27 March 2012.

The Equator Principles Association announced the timetable for publication of an updated version of the Equator Principles (EP) on 18 July 2011.

On 19 October 2010, the Equator Principles Association launched a strategic review of the Equator Principles, with a view to these being maintained as the "gold standard" in environmental and social risk management for project finance.