State Law Landmines: Choice of Law Matters

business transactions, many environmental lawyers regularly counsel both colleagues and clients regarding state environmental law provisions that they take into consideration when drafting environmental sections of purchase and sale agreements or other transaction documents. A ubiquitous example would be New Jersey's well-known Industrial Site Recovery Act, N.J. Stat. Ann. §§ 13:lK-6 et seq. Aside from these environment-related state law provisions, however, lawyers often consider general state law doctrines of contract interpretation when drafting environmental provisions of an agreement or deciding whether a different choice-of-law provision would better serve their client's interest.