Environmental Due Diligence Services
Over the past decade Environmental Site Assessments (ESAs) have become an essential element in commercial and industrial real estate transactions. The EPA’s Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) places the responsibility for site investigation and cleanup on the current owner of a property if evidence of environmental problems is found. Unfortunately, the cost of characterizing contamination and performing an environmental cleanup can often exceed the value of the property and even run into the millions of dollars.
Protection For Real Estate Buyers - In the event an environmental problem is discovered after purchase, CERCLA does provide legal protection to the property buyer, if an ESA was performed prior to the sale. This protection, known as the “innocent landowner defense,” requires the exercise of "due diligence" by having conducted an ESA investigation.
Protection For Real Estate Lenders - Sophisticated lenders require ESAs to help avoid inheriting environmental liabilities for a site when they make a loan and accept property as security. Only verifiable performance of due diligence can help support a lender's claim of the innocent landowner defense.
The primary goal of a Western GeoLogic ESA is to identify any environmental liabilities before a buyer or lender "owns a problem" and to qualify them as innocent landowners should a problem later be discovered.
Due Diligence and Quality – Given the early variation in scope and quality of ESAs, the American Society for Testing and Materials (ASTM) developed a standard protocol to define the minimum standards an ESA must meet to qualify as due diligence. ESAs conducted by inexperienced or unqualified environmental consultants may not be recognized as due diligence and could jeopardize the innocent land owner defense. All Western GeoLogic ESAs meet or exceed applicable ASTM standards and are performed only by our highly qualified environmental experts.
Western GeoLogic offers a full range of environmental real estate services
Transaction Screens - Some sites, such as rural undeveloped vacant parcels, can be reviewed for environmental concerns by performing a transaction screen, a faster and less expensive alternative to the Phase I ESA.
Phase I Environmental Site Assessments – Western GeoLogic reports are guaranteed to meet or exceed the ASTM-E-1527 standard for Phase I Environmental Site Assessments. We can customize our reports to meet any special requirements of a lender.
Phase II Sampling/Site Characterization – The majority of Phase I ESAs find no evidence of environmental problems. In some cases, samples of soil, groundwater, or building materials are needed to verify site conditions. Our experts can efficiently characterize a site to reduce costs and can effectively use risk-based analyses to close a site without remediation.
Phase III Site Cleanup/Remediation – Although many sites with environmental issues can be closed without active cleanup, some have contaminant levels that pose sufficient risk to require some form of remediation. Our philosophy is to discuss all options with the owner and negotiate with regulators to provide an optimum solution.
Environmental Compliance Audits – Don’t wait for a pending sale to assess the environmental condition of your property. Have Western GeoLogic conduct a compliance audit to identify any land uses or processes conducted on the property that might pose an environmental threat. We can help you reduce the risk before problems occur. We also develop environmental liability management programs to help protect the value of leased and owner-occupied properties and support compliance with federal and state environmental regulations.
ESA Updates – Phase I ESAs are considered valid for a year. We can quickly provide an updated ESA at a fraction of the cost of performing a new study.