Due Diligence

How do real or perceived environmental impacts affect your deal? Not knowing the facts can cost you – not only extra work, but also months of delay. Whether environmental impacts are real or perceived, they can decrease marketability and property values; complicate conventional financing options, delay/complicate site development and use, [...]

Phase I reports assist users, including stakeholders, property owners, investors, municipalities, developers, and sellers in identifying potential or existing environmental contamination liabilities. Environmental Site Assessments (ESAs) evaluate both land and property improvements. The Comprehensive Environmental Response, and Compensation Liability Act (CERCLA) (42 USC § 9601), outlines the Landowner Liability Protections [...]

Prescreening subsurface contaminated Sites is a crucial step before embarking on remediation efforts. This preliminary process involves evaluating the Site to better understand the nature and extent of contamination, which is vital for designing effective remediation strategies. The primary goal of prescreening is to identify contaminants and their distribution, assess [...]

In April 2024, the United States Environmental Protection Agency (EPA) issued a notice that a final rule for publication will be submitted, designating Per- and Polyfluoroalkyl Substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The final rule was published on May 8, 2024, [...]

Are you considering purchasing a commercial or industrial property that may have environmental contamination?  Are you curious about the difference between the Ohio EPA Voluntary Action Program and ASTM Phase I ESA/Bona Fide Prospective Purchaser Defense? Since 1994, the only way for a purchaser in Ohio to receive a release [...]

Most professionals in the Commercial Real Estate Arena are aware of the ASTM Phase I Environmental Site Assessment Report (Phase I ESA). The fourth iteration of the ASTM (1527) was published in 2021, but all iterations represent a method of due diligence to mitigate legal and business risk associated with [...]

The Phase I Environmental Site Assessment (Phase I ESA) is a common report used to identify potential or existing environmental contamination liabilities for real estate transactions.  A Phase I can provide important information about a property, but can also be overlooked as simply a check box on long list of [...]

Industrial hygiene also referred to as occupational hygiene, is defined as anticipating, recognizing, evaluating, and controlling health hazards in the workplace. The OSHA Act of 1970 set mandatory occupational safety and health requirements to protect employees from workplace hazards. What steps should an employer take to comply with OSHA? Every [...]

The range of land use in the United States is extensive, varying from agricultural land use to heavy industrial use. Not only do environmental considerations arise when redeveloping a Brownfields site, they must also be taken into account in nearly all redevelopment scenarios whether it is agricultural to residential or [...]

Several of the most popular social media trends to recently sweep social media platforms like Facebook, Instagram, and Twitter all have a common theme – looking back at the past and comparing it to today. Challenges like “10 Year Challenge!” “How it Went…How It’s Going” or “#LookbackFriday” are interesting to [...]