Environmental Due Diligence & Risk Management

Hi! My name is Cassie Anderson and I am a Business Development Representative in the Indianapolis, Indiana office of August Mack Environmental, Inc. Prior to transitioning to a business development position, I spent the last three years at August Mack specializing in Phase One Environmental Site Assessments, All Appropriate Inquiry Assessments, Transaction Screen Assessments, asbestos and mold surveys as well as indoor air quality sampling. I plan to spend my time on this blog focusing on topics related to environmental due diligence and risk management. I hope you enjoy what you read and feel free to give me a call at 317.916.3151 or send me an e-mail at canderson@augustmack.com to further discuss any of these posts.

In a Phase I Environmental Site Assessment report, a client might read in the report that a "de minmis" condition exists at the study site. A good example of this is oil stains that you see every day on the asphalt in a retail parking lot.  These stains are clearly from use of the lot and not from a large spill, but rather from typical vehicle leaks, etc.  So what does de minimus mean?

No explicit definition of de minimis exists in the current ASTM Standard (E1527-05).  That is rumored to...

The U.S. Department of Housing and Urban Development (HUD) and the US. EPA announced a settlement case in early April that will result in lead abatement projects at 14 area buildings with 463 total units. 

The property management company in the settlement is to remove or replace windows with lead-based paint, address deteriorating paint on porch surfaces and undertake other projects within five years. An additional monetary penalty was associated with this settlement.

According to HUD and EPA,...

If you missed my recent webinar on Due Diligence: Phase I vs. Phase II explaining the differences in these types of Environmental Assessments.  You can view the presentation slides at:

http://www.slideshare.net/camander/environmental-due-diligence-12561597

I've written a number of posts over the last year about Phase I Environmental Site Assessment quality control from various angles. A seemingly hardy system of checks and balances, if you will. From defining the All Appropriate Inquiry standard and knowing your consultant to helping better understand what a Recognized Environmental Condition (REC) means. But as often happens, Bill Wagner writing for commonground (a social networking community for environmental consultants and commercial real...

These Non-Rule Policy documents are effective as of March 22, 2012 and available on the Indiana Department of Environmental Management (IDEM) website.

The Remediation Closure Guide Effective Notice is available at http://www.in.gov/idem/files/nrpd_waste-0046-r1.pdf and the Remediation Closure Guide Final document is available at http://www.in.gov/idem/6683.htm.

The Remediation Program Guide Effective Notice is available at http://www.in.gov/idem/files/npd_waste-0060.pdf and the Remediation...

Dan Probst serves two keys roles at Jones Lang LaSalle (JLL).  Mr. Probst was the founding member of JLL's Global Environmental Sustainability Board and currently serves as Chairman of Energy and Sustainability Services (ESS).  He is responsible for developing and delivering products and services to help clients reduce energy costs and their real estate related environmental footprint through innovative portfolio and occupancy strategies, workplace standards, and operating practices.  

The road...

I can't even imagine how I bypassed even mentioning the Super Bowl and its phenomenal host city this year, but I did.  Yea, I might be slightly biased since Indianapolis is my hometown, but from every account that I have read all of the visitors and celebrities were more than impressed by the warmth our cold-weather community shared during the 10 days of Super Bowl hoopla. 

On an environmental note, the 2012 Super Bowl Committee added a little bonus to their roster this year.  The 1st &...

On February 10th, the U.S. Environmental Protection Agency (EPA) posted the final health assessment for tetrachloroethylene – also known as perchloroethylene, or perc – to EPA’s Integrated Risk Information System (IRIS) database. Perc is a chemical solvent widely used in the dry cleaning industry. It is also used in the cleaning of metal machinery and to manufacture some consumer products and other chemicals. Confirming longstanding scientific understanding and research, the final assessment...

ASTM International’s recently published E2790-11: Standard Guide for Identifying and Complying With Continuing Obligations provides guidance for owners or potential purchasers of property impacted by contamination. 

Like with many new environmental standards that are published, I started digging for more information on this subject.  

So, first things first!  A definition of Continuing Obligations is in order: (as defined by ASTM):

Subsequent to property acquisition, the Small Business Liability...