During the last few years, banks have experienced an unprecedented period of consolidation. However, after a record-setting 1995 with $74 billion in combinations, an eerie quiet has settled over the bank merger and acquisition market. According to data provided by SNL Securities, there were 99 bank and thrift acquisitions announced in the first quarter of 1995, with a total deal value of $7.9 billion.

According to the 2006 Bryan Cave Real Estate Executives’ Forecast Survey, more than 60% of commercial real estate professionals are looking outside U.S. borders for investment properties, and Mexico is among the top targets. Legislation passed in Mexico in early 2004, however, has important implications for the transfer of contaminated properties and an owner’s liability after purchase. For this month’s feature story, EDR was fortunate to have the input of Robert L. Soza, Jr., a shareholder with the law offices of Jenkens & Gilchrist in San Antonio, TX, where he advises clients on compliance with Mexican environmental laws.

 Fifteen percent of the commercial real estate professionals participating in the Bryan Cave survey consider Mexico a key investment market, while another 15% named China. Other countries of interest included the U.K., Canada and Japan, where 12%, 8% and 8%, respectively, of those surveyed plan to invest in land or property. 

Although the Japanese government has had pollution regulations on the books since the early 1960s, transaction-driven environmental site assessments are a relatively new development. Back in 1967, rapid economic growth in Japan compelled lawmakers to pass the first legislation to control smoke and soot pollution, followed by similar laws for other types of air and water pollution in 1968 and 1970, respectively. It was not until 2002 when regulators’ focus shifted to environmental assessments and remediation with passage of the Soil Contamination Countermeasures Law. Today, Japan is in a new phase of technological innovation with an eye fixed on sustainable development. These trends are driving growth in the environmental due diligence market as well as brownfields redevelopment.