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Environmental Due Diligence
Phase I, Phase II Site investigations and Phase III Remediation projects

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. 

Important rules published by EPA and many states provide defenses to environmental liabilities provided that the defendant conducted all appropriate inquiries regarding the property at the time of acquisition, and then took reasonable steps to mitigate the effects of hazardous substances found on the property.

THE KENDALL COMPLIANCE GROUP offers:

All Appropriate Inquiry. Innocent Purchaser Defense.  
Bona Fide Prospective Purchaser.  Contiguous Property Owner.  Successor Liability.

EPA published its final rule under 40 CFR 312 for All Appropriate Inquiry on November 1, 2005.  The rule is fully effective on November 1, 2006.  In the meantime, the Superfund defenses for Innocent Purchaser, Bona Fide Prospective Purchaser, or Contiguous Property Owner will be available to those who performed All Appropriate Inquiry under either 40 CFR 312 or any of several versions of the ASTM standard (ASTM E 1527 -97, -00, or -05)..
All parties to a typical transaction have an interest in Environmental Due Diligence: 

  • If you are a purchaser or a lender, we help you avoid "bad luck" and unplanned expenses to clean up environmental problems by providing a full range of environmental investigation and assessment services before a transaction is completed.  Alternatively, we help identify "appropriate care" and "reasonable steps" that should be taken in response to a release in order to gain liability protections as a Bona Fide Prospective Purchaser or a Contiguous Property Owner.
  • If you are a seller, we help you identify and manage current environmental problems to facilitate the transaction, and establish a baseline to help distinguish between current problems and those caused by future owners.