Environmental Due Diligence

Business transactions today must include consideration of environmental issues. Complex laws can impose significant environmental liabilities on purchasers, sellers, and lenders involved in a deal, whether or not they caused the problem, and whether or not they still own the property.  The risks can be managed by relying on a qualified firm that uses qualified Environmental Professionals to perform one or more of the following:

Transaction Screens
ASTM E 1528-06

Phase I Site Assessments 
ASTM E 1527-05

Phase II Site Assessments 
ASTM E 1527-05

Phase III Remediation Design, Construction, O&M

Property Condition Assessments
ASTM E 2018-01

Environmental Baseline Surveys (EBS)
AFI 32-7066 (US Air Force)

EPA published its final rule under 40 CFR 312 for All Appropriate Inquiry (AAI) on November 1, 2005.  The rule is fully effective on November 1, 2006. Purchasers wishing to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser under CERCLA Landowner Liability Protection (LLP), must following the AAI rule and complete the Phase I ESA's in accordance with the new ASTM standard (E 1527-05).

BBA understands that the aim of the due diligence process is to help complete the transaction, as a consequence every project needs to be individually tailored to provide the maximum level of information within the constraints of available time, confidentiality and the context of the deal.