Environmental Transactions

Latham helps clients all over the world price and manage the environmental issues and associated risks that arise in the course of clients’ corporate transactions and capital markets activities.

Enhancing Corporate Teams

Latham Environmental Transactions Practice lawyers work as an integral part of deal teams and capital markets teams to ensure transactions and issuances close smoothly and with at-market terms. The practice regularly advises clients in all roles of a transaction, including as: issuers, underwriters, acquirers, targets, merging entities, bondholders, or investors. Latham regularly serves clients in the US, UK, Europe, the Middle East, and Asia, including private equity firms, commercial and investment banks, bondholders, public companies and emerging companies.

Understanding a World of Transactions

Latham provides due diligence and advises on strategies to identify, mitigate, transfer, or correctly price environmental issues and risks associated with the following types of transactions:

  • Mergers and acquisitions (both public and private)
  • Capital markets (debt and equity)
  • Environmental derivatives
  • Green bonds and climate change transactions
  • Greenhouse gas credits
  • Project and other infrastructure finance
  • Environmental risk transfer and insurance transactions
  • Initial public offerings (IPOs)
  • Master limited partnerships (MLPs)
  • Private equity investments
  • Real estate transactions
  • Restructuring and bankruptcy proceedings

The practice helps clients mitigate environmental risks by leveraging contractual provisions, insurance policies, risk transfer transactions, or price negotiations to ensure clients derive the greatest possible value from their transactions and issuances. Latham Environmental Transaction lawyers also advise clients on the appropriate level of disclosure in prospectuses and offering documents.

Dealing from Deal Experience

Latham provides clients with a powerful and seamless collaboration of its market-leading M&A, Capital Markets, and Environment, Land & Resources Practices. Latham teams include lawyers with focused knowledge and experience in almost every environmental and transactional area. With extensive regulatory and litigation experience in potentially high-risk areas such as chemical regulation, contaminated properties, toxic tort, and insurance coverage, Latham environmental lawyers are keenly aware of the costs of disputes and enforcement actions, so can help price transactions accurately.

The firm handles more than a hundred initial public offerings and more than a thousand debt or equity capital market transactions every year, and can provide clients with the most current market terms and practices to smooth the path to closing and capture the greatest value.

Latham has advised on the following representative matters:

  • Represented a private equity firm in the acquisition of the largest generator of power from natural gas and geothermal resources in the US. With an enterprise value of US$17 billion, the transaction is one of the largest take-private transactions of 2017  
  • Advised a UK-based international drilling contractor on the environmental aspects of its US$860 million acquisition of an offshore oil and gas drilling company
  • Represented a real estate investment trust (REIT) on the environmental and permitting aspects of its acquisition of a leading owner, developer, operator and manager of large data centers in an all-stock transaction with an enterprise value of approximately US$7.8 billion 
  • Represented a privately held generic pharmaceutical manufacturer on the environmental and permitting aspects of its acquisition of a product developer for US$6.4 billion. The new, publicly traded holding company will be the fifth largest generic drug company in the US 
  • Represented a group of 29 commercial banks on all environmental issues associated with a US$7.4 billion debt financing for a liquid natural gas (LNG) liquefaction-export project, which was named a “Project Finance Deal of the Year” by IFLR. The Japanese-owned project will consist of three liquefaction trains capable of exporting up to 12 million tons of LNG annually.
  • Represented a South African sponsor on all environmental aspects of the first phase financing of an approximately US$14 billion petrochemicals complex in the US.  The project, which was named “North American Petrochemical Deal of the Year” by PFI, includes an existing petrochemicals facility, as well as construction of a new petrochemical complex, which will consist of a world-scale ethane cracker, six derivative units, and associated infrastructure and utilities.
Clean Energy Law Report Blog

To keep its clients and others informed of significant developments and trends in the field, Latham created the Clean Energy Law Report, a blog updated regularly by members of the practice.


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