A Non-Scope Consideration Worth Investigating During Environmental Due Diligence
A common question that arises when performing environmental due diligence on commercial real estate is the degree to which the presence of asbestos-containing materials (ACMs) should be investigated. In the case of ACMs, “what you don’t know can hurt you” and, therefore, the old axiom of “less is more” does not apply. This is especially true regarding asbestos not only in terms of health risks, but also from a regulatory perspective where parties can be held “strictly” liable without regard to knowledge or intent.
Those who regularly deal in commercial real estate are likely familiar with the need to obtain a Phase I Environmental Site Assessment, which is designed to identify the presence or likely presence of a release of hazardous substances and petroleum products on a commercial property. A valid Phase I is a prerequisite to qualifying for certain protections from liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).
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Gary Pasheilich is a member of the Environmental, Safety & Health Practice Group and has diverse experience with complex civil and administrative matters involving federal and state air, water and hazardous waste laws. Gary counsels clients on environmental compliance, due diligence, permitting and enforcement, and has substantial experience with major federal environmental statutes, including the Clean Air Act, Clean Water Act, National Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA), as well as various state programs.
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Gary L. Pasheilich
Squire Patton Boggs
Gary Pasheilich is a member of the Environmental, Safety & Health Practice Group and has diverse experience with complex civil and administrative matters involving federal and state air, water and hazardous waste laws. Gary counsels clients on environmental compliance, due diligence, permitting and enforcement, and has substantial experience with major federal environmental statutes, including the Clean Air Act, Clean Water Act, National Environmental Policy Act (NEPA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA), as well as various state programs.
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