Due Diligence

Navigate Environmental Risks with Comprehensive Due Diligence

Make informed decisions and protect your investments with Bay West’s environmental due diligence services. Understanding and managing environmental risks is crucial in the complex landscape of property transactions and development projects. Our due diligence process provides a detailed assessment of potential environmental liabilities, ensuring you have all the information needed to proceed with confidence.

Our due diligence services include:

  • Phase I Environmental Site Assessments (ESAs): We conduct comprehensive evaluations to identify potential contamination and environmental liabilities through historical research in compliance with ASTM E1527-21 and E2247-16.
  • Phase II ESAs: We conduct ESAs to evaluate potential contamination associated with current and past land uses including collection of soil, groundwater, soil vapor, sediment, and surface water samples. This includes interpreting results, comparing results to applicable regulatory standards, and providing conclusions and recommendations.
  • Regulated Materials Surveys: We evaluate the presence of regulated substances like asbestos, lead, and polychlorinated biphenyls to ensure safety and compliance.
  • Client Input and Communication: We guide clients through appropriate state and federal regulatory programs and assist in obtaining regulatory approval of environmental management strategies, remedy implementation, and environmental liability assurances.
  • Regulatory Compliance Audits: We verify that our clients are following environmental laws and regulations, minimizing the risk of penalties and legal issues.
  • Risk Management Strategies: We offer guidance on mitigating identified risks, from remediation plans to negotiating liability terms in transactions.
  • PFAS Environmental Due Diligence and Brownfield Redevelopment: The final rule on two PFAS compounds’ Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) designation has put perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) on equal footing with other hazardous substances under CERCLA/Superfund rules. The designation requires due diligence assessments to evaluate the potential for PFAS use as part of a standard Phase I environmental site assessment. Bay West’s real estate due diligence and brownfield services are here to help you evaluate current and past property uses, including those associated with industries that have been linked to PFAS applications in their processes.

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