ABSTRACT

This chapter discusses the steps commonly performed when undertaking environmental due diligence in the United States. The first step in the due diligence process typically is a Phase I environmental site assessment (ESA). There are many varieties of Phase I ESAs and they go by a variety of names, such as preliminary assessments, preliminary site assessments, preliminary reviews, and Phase I audits. The chapter also discusses the first steps of environmental due diligence for properties regulated under the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund, and the Resource Conservation and Recovery Act. All environmental due diligence constitutes a procedure that assesses whether a piece of real estate has a potential environmental problem. The site and vicinity reconnaissance are the most obvious and visible portions of the Phase I ESA. The basic building blocks of the site and vicinity reconnaissance are areas of concern.