A defensible Phase I ESA is an indispensable element of thorough due diligence. Particularly in light of the All Appropriate Inquiries (AAI) Final Rule, knowing and fulfilling the criteria for protection from liability can avert substantial cleanup responsibility down the road. The AAI Final Rule established specific regulatory requirements to qualify for certain landowner liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and corresponding state regulations.
The list below presents the facets of a Phase I ESA that should be considered before you select an environmental consultant to assess your property. The following are attributes of a Farallon Phase I ESA, which distinguish Farallon services from those of other consulting firms:
- Is CERCLA defensible – meets AAI criteria for liability protection.
- Includes an Executive Summary, which facilitates reading findings and conclusions.
- Is completed by an Environmental Professional with a minimum of 5 years' due diligence experience.
- Includes comprehensive regulatory and historical reviews.
- Incorporates actual local and regional knowledge.
- Is formatted as a client-customized report, not a checked form or template.
- Includes in-depth interviews with those knowledgeable of the site.
- Includes a complete regulatory database report.
- Includes photographs of identified environmental concerns.
- Is issued in electronic format.
Another benefit of our Phase I ESAs is our open communication with our clients throughout the process. When we make a significant discovery at a property, we let our clients know right away, rather than delaying disclosure until we deliver a written report. Additionally, our integrated suite of environmental consulting services means a seamless transition from Phase I work into further investigation when we identify an issue at a property requiring follow-up. Having knowledge of the property expedites evaluation of cleanup requirements and costs, and implementation of necessary cleanup.
For our clients who require a Phase I ESA scope of work tailored to specific property conditions, we assist with integrating out-of-scope items such as property condition assessments, hazardous building material surveys, and other business-risk assessments.