Financial Liability Management and Strategic Market Planning
Financial Liability Management involves affecting the future with the tools and techniques of risk-based decision-making. The identification of risk associated with potential environmental exposures, the characterization of the risk/exposure and the control or prevention of the manifestation of environmental risk formulate key stages of environmental risk management. Environmental risk financing as a method of capping, sharing, or transferring potential environmental liability effects facility owners, operators, environmental consultants/remediation firms, real estate developers, and lenders involved in the operation, cleanup and/or transfer of real property. In the last few years new environmental insurance and risk financing products have been customized or manuscripted for the particular asset, portfolio, site owner/manager, consultant/contractor and lender risk. Insurance programs and risk financing products can now be customized to meet the specific government, owner, investor/developer or site requirements as well as coverages needed by contractors and consultants performing the work and lenders financing the transaction and/or ongoing operations.
In business and real estate transactions, environmental liability can be devastating. RTM understands the dynamic use of environmental risk financing alternatives and advises its clients about the appropriate alternatives. We work with the client, insurance carrier(s) and the broker to customize the coverages that make the transactions work.
Environmental risk financing solutions are available to buyers and sellers, owners and operators, lenders and lessors of industrial and commercial properties on which contamination in undetected but preexisting or known to exist. Viable risk financing alternatives currently used in the marketplace today are designed to transfer the undetected environmental risk, fund the cleanup of the pollution risk and cap the cleanup costs through the use of a combination of insurance and/or creative financial structuring.
As part of RTM's strategic and financial liability management consulting practice, we provide for clients solutions to the environmental/financial risks facing them from ongoing operations, from business and real-estate transactions, and from their work with environmental consultants and remediation contractors. With RTM's combined twenty years of experience with environmental insurance products and the insurers who underwrite the products, we can bring new insights about the types and combinations of environmental insurance products and services. Through RTM's experience with and management of the Environmental Bankers Association, we are in tune with the ways lenders address environmental risk management and sustainable banking, which is both similar to and different from the insurers, and can provide insights about access to capital involving environmental risk issues. RTM provides clients with strategic market plans and surveys and analyses of current and evolving trends in environmental insurance and regulations effecting financial transactions and business development activities. RTM also provides expert testimony in the areas of environmental banking and the roles of due diligence and environmental risk management.
Managing and reducing financial liability risks includes being able to positively affect regulatory agency positions so that a "No Further Action" letter or Letter of Completion in a timely fashion in order to facilitate transaction, receive an operating or closure permit, meet a financial assurance requirement, avoid a penalty, or reduce an agency fine. RTM assists its clients by performing the regulatory agency interface needed to bring completion to negotiations affecting risk based property transfer cleanups or permit conditions for obtaining negotiated air, water and solid/hazardous waste permits for their facilities. RTM excels at working with all levels of government agencies involved in the same transaction or negotiated compliance issue. As part of RTM's agency relations work, we review the historical and current legislative and regulatory activities, interview appropriate state and federal personnel, and review databases, and develop comprehensive background fact sheets or profiles on current or developing regulations. We identify administrative, procedural, and technical requirements to ensure that our clients comply fully with the applicable regulations.