Waite and Jewell: Environmental Law in Property Transactions

by Andrew Waite, Gregory Jones, Valerie Fogleman

Overview

Waite and Jewell: Environmental Law in Property Transactions provides a comprehensive practitioner guide to the environmental issues that arise in property transactions.

It is divided into three key sections:
1. Commentary and guidance on the property transaction and identifies where the environmental issues might occur.
2. Broader discussion and explanation of specific environmental law issues that the practitioner needs to know about.
3. Provision of precedents to assist the busy property lawyer.

This edition will give a general update following the last edition in 2009 and covers the Green Deal, Climate Change Regulations and the significant number of Environmental Permitting Regulations and Waste Regulations that have amassed since the last edition. Also includes a whole new chapter on climate change.

Contents:

Part I Approaching the Transaction: Chapter 1 Introduction to Parts I and II; Chapter 2 The need for information; Chapter 3 Preliminary enquiries; Chapter 4 Freedom of access to environmental information; Chapter 5 Local land charges search; Chapter 6 Local authority and Water Company enquiries; Chapter 7 Other sources of information; Chapter 8 Environmental survey; Chapter 9 Assessing and managing environmental risk: contractual provision and environmental insurance; Chapter 10 Particular transactions – leases and lending; Chapter 11 Development contracts; Chapter 12 Transferring permits;
Part II The Broader Context: Chapter 13 Civil liability; Chapter 14 Statutory nuisance; Chapter 15 Contaminated land; Chapter 16 Waste; Chapter 17 Water; Chapter 18 Built environment; Chapter 19 Nature conservation; Chapter 20 Integrated pollution control and atmospheric pollution; Chapter 21 Climate Change;
Part III Precedents.

Previous edition ISBN: 9781845921064

This title is included in Bloomsbury Professional's Environmental Law online service.

Product Details

ISBN-13:	9781780436487
Publisher:	Bloomsbury Publishing
Publication date:	02/03/2017
Sold by:	Barnes & Noble
Format:	eBook
Pages:	600
File size:	4 MB

About the Author

Andrew Waite is head of the Environmental Group at Ashurst LLP and author of Environmental Law Handbook, Gregory Jones KC, is a barrister from Francis Taylor Buildings and an author on Statutory Nuisance and Valerie Fogleman is an environmental law Consultant at Stevens Bolton LLP.
Andrew Waite qualified as a solicitor in 1975 and is Head of the Environment Group at Ashurst LLP. He is widely experienced in Environmental Law, with a substantial practice in the area of contaminated land, waste management, water, noise and pollution control law, as well as climate change, nature conservation issues and environmental liabilities. He is a particular expert on waste, contaminated land, environmental liabilities and climate change having advised the Government on waste and contaminated land legislation and the UK Government and the European Commission on the Environmental Liability Directive. His practice has a strong international focus and he is recognised as a leading expert in the standard directories.

Andrew is:

·Vice President (and formerly President) of the European Environmental Law Association;
·Co-founder of the UK Environmental Law Association and Secretary 1986-90; and
·Former Regional Vice Chair for Western Europe of IUCN's Commission on Environmental Law 2001-05. In that capacity, he organised the first meeting of European Judges on Environmental Law in 2002 which resulted in the formation of the European Judges Forum on the Environment.

Andrew is a member of several other prestigious environmental bodies, including the International Court of Environmental Arbitration and Conciliation and the International Council of Environmental Law. He is an officer of the American Bar Association's Section on Nature Resources Energy and Environmental Law and Assistant Editor of the ABA's environment magazine Natural Resources and Environment, and Chairman of the CBI's ad hoc working party on environmental liability.

Andrew is editor of Environmental Law Handbook 4th edition, 2012; co-author of Environmental Law in Property Transactions 3rd edition, 2009; and author of a number of articles on environmental law topics.

He is regularly invited to speak at conferences in the UK and abroad and has broadcast on environmental issues on radio and television.
Gregory Jones KC is a leading public and environmental law barrister, practising from Francis Taylor Building, Temple.
Valerie Fogleman
Consultant, Stevens&Bolton LLP
Professor of Law, School of Law and Politics, Cardiff University

Table of Contents

PART I APPROACHING THE TRANSACTION
Chapter 1 Introduction
Chapter 2 Dealing with information – the caveat emptor rule and environmental issues
Chapter 3 Preliminary enquiries
Chapter 4 Freedom of access to environmental information
Chapter 5 Local land charges search
Chapter 6 Local authority and water company enquiries
Chapter 7 Other sources of information
Chapter 8 Environmental survey
Chapter 9 Assessing and managing environmental risk: contractual protection and environmental insurance
Chapter 10 Particular transactions – leases, lending and securitisation
Chapter 11 Agreements for remedial works
Chapter 12 Transferring permits
PART II THE BROADER CONTEXT
Chapter 13 Civil liability
Chapter 14 Statutory nuisance
Chapter 15 Contaminated land
Chapter 16 Waste
Chapter 17 Water
Chapter 18 Built environment
Chapter 19 Nature conservation
Chapter 20 Environmental permitting and atmospheric pollution
PART III PRECEDENTS
A Definitions
B Provisions designed to channel liabilities to the buyer under the general law
C Warranties
D Wide indemnity
E Limited indemnity by the seller and counter indemnity by the buyer
F Lease provisions – tenant's covenants
G Lease provisions – landlord's covenants
H Loan agreement clauses
I A letter of appointment of environmental consultant
J Deed of collateral warranty
K Deed of appointment of environmental consultant to undertake site investigation – Phase II (intrusive works)
L Remediation works