Environmental Agreement in the United States

The Transatlantic Trade and Investment Partnership (T-TIP) with the European Union

The United States is a leader in seeking high levels of environmental protection and the effective enforcement of environmental laws in trade agreements. We include strong environmental commitments in our trade agreements to help ensure that our trading partners do not weaken environmental protections in order to encourage trade or investment. Through our agreements, the United States has joined with trading partners in eliminating barriers to trade in cutting-edge environmental technologies like clean energy, promoting the protection of wildlife and endangered species, and addressing key issues like harmful fisheries subsidies and illegal logging.

The United States and Europe already maintain high levels of environmental protection. T-TIP should reflect this shared commitment, which may become a model for others to follow, and encourage even greater transatlantic cooperation.

For more information on trade and the environment, visit https://ustr.gov/issue-areas/environment.

ENVIRONMENTAL CLAUSES IN COMMERCIAL LEASES

• Introduction
• Transfer of possession (see below)
• Occupation of premises (see below)
• Conclusion of leasehold (see below)
• Conclusion

Transfer of possession

This group of clauses include:

• Disclosure and due diligence
• Condition of premises
• Denitions
• Limitations

Condition of premises clauses include:

• Financial accountability
• Proposed use of premises

The Definitions clauses may cover:

• Scope of definitions
• Documents to consult
• References to statutes and rules

The Limitations clauses may cover:

• Current status
• Changes

Occupation of premises Clauses

This topic covers the following clauses:

• Notification
• Release of hazardous materials
• Compliance with laws
• Right of entry and inspection
• Repairs and alteration
• Assignment
• Indemnification and Recovery of costs

The Release of hazardous materials clauses may include:

• Governmental action
• Claims

Repairs and alteration clauses include:

• Remediation
• Construction

The Indemnification and Recovery of costs clauses may include:

• Other provisions
• Exclusions
• Types of expenses

Conclusion of leasehold Clauses

This group of clauses may include:

• Default or termination
• Compliance with hazardous materials provisions
• Notice and cure
• Survival
• Surrender of premises

CONTRACT TERMS ASSIGNING ENVIRONMENTAL LIABILITIES

• Introduction
• Pro seller
• Pro buyer

Some Agreements

• Due diligence Hazardous materials confidentiality agreement
• Access agreement
• Sample environmental lease provisions on hazardous materials and indoor air quality
• Corporate transportation and recycling or disposal agreement
• Constellation Energy water gathering and disposal agreement
• Energy environmental agreement
• Environmental Indemnification and Release Agreement