Environmental compliance audits are detailed audits of an operation or manufacturer to determine if the operator is in compliance with local, state, and federal regulations. Compliance audits differ from Phase I and II environmental site assessments (ESAs) in a fundamental way: Phase I and II ESAs focus on releases of hazardous substances to real estate, whereas compliance audits focus on whether or not operations comply with environmental laws with the objective of reducing regulatory risk,…
The presence of PCBs is often seen as a deal-breaker for redevelopment projects, but it doesn't need to be. John Insall discusses some of the solutions to manage PCB concerns and take advantage of these potentially profitable development opportunities.
Toxic PCBs widely found in building materials are only regulated if they are discovered, but there is currently no regulation requiring CRE owners or investors to test for it. When is it advisable to test during due diligence, and when is it reasonable to avoid the issue so as not to trigger mandatory cleanup in case contaminated materials are found?
Current or historic dry-cleaner operations are seen as a deal-killer by many shopping center investors, lenders and their attorneys - but they don't have to be! There are a number of things that can be done to enable transaction parties to move ahead with these potentially lucrative deals while adequately mitigating risks and liabilities.
To adequately identify and address deal-killing issues, M&A deals require not only close consideration of financial and legal risks, but also a thorough physical due diligence process to comprehensively address environmental risks and liabilities. John Insall, LEP discusses how environmental liability affects private equity.