White Paper

When to Consider “Non-Scope Considerations” in Environmental Due Diligence

 
“Performing thorough environmental due diligence for commercial and industrial property acquisitions requires consideration of diverse risks to a prospective purchaser. Such diligence generally includes a Phase I environmental site assessment performed under ASTM Standard Practice E1527-13 (ASTM E1527-13), which is designed to investigate the possibility of hazardous substance or petroleum product releases at a commercial property—the presence of which can serve as a basis for strict, joint-and-several liability to current and past property owners under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

While CERCLA liability is a primary concern to any prospective purchaser of commercial and industrial property, there are a host of other issues that may create liability ranging from exposure risks from building materials and naturally-occurring substances (both exempt from CERCLA), to regulatory non-compliance, to potential tort liability for hazardous conditions.”

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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.

Faculty

Gary L. Pasheilich

Squire Patton Boggs