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This article analyses the phenomenon of environmental legislation directly and specifically regulating the substantive rights and obligations of individuals contracting in the private sector. Such legislation is also known as ‘Transaction (or Transfer) Triggered Environmental Laws or Acts’ (TTEAs), and is already applicable in some US states (New Jersey and Connecticut) and in the region of Flanders (Belgium). Such Acts are applicable—in other words, ‘triggered’—if a transaction or transfer as defined in the relevant Act occurs. Hypothetical positive and negative effects in connection to the M&A and real estate markets linked to such an Act for the regulated community are explored in this article. Both the competent authority and the regulated community could benefit from such legislation if the (practical) experiences with respect to the TTEAs applicable in New Jersey, Connecticut and Flanders during the past decades are taken into account. Moreover, compliance with the obligations arising from TTEAs could be addressed by means of supervision of TTEAs primarily performed by individuals licensed by the competent authority. [ABSTRACT FROM AUTHOR]

Environmental issues, such as site contamination and compliance with environmental permits and rules, are often of importance with respect to corporate mergers and acquisitions or transfers of sites. This paper focuses on specific environmental acts applicable in some states in the United States and in the region of Flanders (Belgium), the so called transaction (or transfer) triggered environmental acts. These acts are applicable-'triggered'-if a transaction or transfer as defined in the transaction triggered environmental act occurs. The applicability of these acts is thus linked to a transaction or transfer as defined in the transaction triggered environmental act. In this paper these transaction triggered environmental acts will be analyzed, and both possible positive and negative effects linked to the introduction of such an act will be discussed with respect to the transaction triggered environmental acts currently applicable in certain states in the United States and in the region of Flanders (Belgium). [ABSTRACT FROM AUTHOR]