Initially considered an experiment, Transferring Environmental Liabilities have become a well-accepted method of managing environmental liability risk. While environmental insurance policies are available to property owners, transfer programs are the best strategy for managing risk in many situations. Environmental liabilities pose a potentially catastrophic risk to land owners by rendering a property unsellable, incurring stiff penalties for noncompliance with EPA and local regulatory requirements, causing damage to a company's reputation and negatively affecting earnings.
While Liability Transfer is an effective and proven tool in the transference of liability from one entity to another, it is the underlying contractual legal agreement coupled with associated insurance product that is critical in the long term security and protection of the transferring entity.
ERS provides complete and final transference of environmental liability whereby eliminating unforeseen financial hardship and potential damage to community standing. Our extensive expertise includes environmental law, environmental insurance, engineering, contracting, remediation and redevelopment allowing us to offer innovative solutions for transference of environmental liability.
A key element of an effective Liability Transfer is the redevelopment plan that follows remedial activity. Because ERS actually develops the sites we acquire and not simply "reposition them for future use" we will establish a development plan that is in the seller's best interest. Our developments will be permanent and ensure that human health and the environment are protected. Our focus is to transition properties back to productive use and maximize their economic development potential, attracting new jobs and investments to the communities where they are located. Future uses for sites will be permanent, green and provide positive public perception. ERS will always work to insure that the seller experiences an Improvement of corporate sustainability grades during the remediation and development.
ERS offers the following:
- Guaranteed finite capital solutions for variable concerns
- No risk of future expenditures
- Complete corporate indemnification
- Assumption of compliance requirements from regulatory agencies
- Comprehensive insurance coverage
- Immediate improvement of balance sheets
Liability Transfer: All liabilities both contractual and regulatory are transferred to ERS, releasing the client from current and future liability.
Elimination of Cost Uncertainty: ERS provides a fixed-cost solution for all environmental obligations.
Elimination of Compliance Issues: ERS assumes all regulatory compliance obligations.
Financial Impact: ERS provides its clients with proven alternatives in the transfer of environmental liability
Mergers and Acquisitions: By acquiring full environmental liability, ERS removes obstacles that can prevent the completion of a desired business transaction.
Divestitures: ERS will purchase environmentally contaminated holdings while providing complete environmental liability transfer services to the seller. ERS can also assume the environmental liability allowing the completion of a transaction between the seller and a traditional real estate buyer.
Sale Leaseback: ERS will purchase environmentally contaminated holdings while providing complete liability transfer services to the seller and will leaseback the facilities to the seller.
Superfund Sites: ERS assumes responsibility for Superfund sites at a cost below EPA or PRP managed cleanup costs.
Structured Settlements: ERS provides a cost-efficient mechanism for dispute resolution between parties. PRPs, owners, operators, buyers and sellers can utilize ERS to avoid costly delays and litigation.