Environmental considerations have become a key feature of commercial property transactions. This is the first book to provide the practitioner with an easily digestible exposition of the law and its practical implications. Written by a leading practitioner in the field, it provides a clear account of environmental regulation in Scotland within the chronology of a commercial transaction.In an area of complex regulation, the structure of the book will allow the practitioner to gain an understanding of the context in which environmental considerations arise. At the same time, it provides comprehensive coverage of the areas of environmental regulation, such as contaminated land, water pollution and atmospheric emissions. Particularly useful features include an analysis of ‘core’ contracts, styles and forms, and the flagging up of potential pitfalls throughout.

Contents:

I: INTRODUCTION.
The commercial property transaction.
Overview of current environmental law.
Europe and devolution.
The regulatory set up.

II: CONTAMINATED LAND.
The meaning of contaminated land.
How land becomes contaminated in law.
Liability for remediation of contaminated land.
Statutory exclusions from, and apportionments of, remediation liabilities.
Recovery of costs of remediation.

III: THE OTHER LIABILITY AREAS.
Water pollution.
Integrated pollution prevention and control.
Waste.
Hazardous substances.
Statutory nuisance.
Atmospheric emissions.
Nature conservation.
Common law liability.

IV: PRE-CONTRACT.
Client instructions/initial meetings.
Environmental due dilligence 1 – searches.
Environmental due dilligence 2 – audits.

V: THE CONTRACT.
The parties’ perspectives.
The ‘core’ contracts.
Clause structures.

VI: POST CONTRACT/COMPLETION.
Site assessment.
Insurance.
Permitting/licensing grants/transfers.
Settlement/completion and phase

III environmental audits.

VII: FORMS AND STYLES””