Environmental Due Diligence

A Phase I Environmental Site Assessment (ESA) is the accepted standard for evaluating the potential environmental liability associated with a real estate asset. Specifically an ESA seeks to identify Recognized Environmental Conditions that may have an impact on an asset. An ESA conducted by qualified persons and in accordance with the ASTM Standard and the EPA’s All Appropriate Inquiries Rule is part of achieving All Appropriate Inquiry requirements of CERCLA’s landowner liability protections.

The successful completion of Phase I Environmental Site Assessment requires expert qualifications of staff and Environmental Professionals (EP), a thorough understanding of associated regulations, and sound working relationships with applicable agencies.

DEA has completed thousands of Phase I Environmental Site Assessment projects throughout the United States, involving virtually every conceivable type of physical location and environmental situation, resulting in unparalleled experience. In addition to being highly experienced and qualified to conduct typical Phase I Environmental Site Assessments and/or related services, DEA has the necessary expertise to address the non-typical/non-routine issues that may arise on projects.

Comparing Environmental Site Assessment reports, side by side, and noting the differences can be challenging if they both look professional, contain the right statements, and appear to contain the necessary supporting documentation. The differences can only be seen when you look beyond the printed page, at the level of effort and expertise that went into the report. Was the extra effort put in to resolve issues, rather than artificially inflate them, to create additional work? Was the extra research conducted to answer questions that may otherwise have been problematic if left unanswered? These are just a few subtle differences between the work product prepared by DEA and that of many other firms. The differences also become evident when the work products are put to the test: peer-reviewed or reviewed by regulatory agencies. The DEA work product stands up to scrutiny.

A Phase II Environmental Site Assessment can be conducted when potential contamination issues are identified (Recognized Environmental Conditions) during an ESA and there is a need to confirm or eliminate the issue. A Phase II ESA is implemented to determine if potential contamination and/or hazardous materials are present. It is not intended to define the magnitude or extent of contamination present. Generally, the scope of a Phase II ESA is limited and balanced with cost, with the goal being to provide additional data needed prior to proceeding with the next steps in a real estate transaction. Is a Phase II ESA always needed? The answer is, No. DEA works closely with you to develop the best approach to every project.