ABSTRACT

Environmental due diligence is not just about contaminated land and chimneys belching out acrid smoke. Just as important are operational liabilities. Unlike solicitors and accountants, there is no governing body for environmental consultancies. References and recommendations are, therefore, doubly essential. In the UK, regulatory authorities such as the Environment Agency and the Local Authority will be able to provide authorisations, permits and licences, and also details of any enforcements. Environmental due diligence is normally structured into two phases. The first phase will comprise desk research and site visits. At this stage, it should be possible to come to a view on whether there are any environmental issues which will have an impact on the deal. The second phase involves intrusive investigations. Phase 2 work can be costly, risky and take a long time. The work will probably involve sampling the soil and groundwater and analysing the samples in a laboratory.