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Category Archives: Environmental Due Diligence

What Environmental Consultants Need to Know about Attorney Client Privilege (3 Comments)

Entry by JoeDerhake Entry Clients often engage us to do Phase I Environmental Site Assessments and/or Phase II ESAs through their attorney to maintain attorney client privilege.     At times, I have even advised clients to hire an attorney for this reason (as well as to get good legal advice).   If the work and communications are…

Good Bye Registered Environmental Assessors (REA)

Entry by JoeDerhake Entry I was saddened to hear that California is discontinuing the Registered Environmental Assessors (REA) Program as of July 1, 2012.     A lot of my colleagues, inside and even outside of California, carry this registration and they are definitely deflated by this news. This really increases the need for a national environmental…

SBA SOP 5010 5 (E)- NAICS Codes for Environmentally Sensitive Industries

An Old Persian Proverb teaches that “One pound of learning requires ten pounds of common sense to apply it.”  By applying this lesson when reading through Appendix 4 of the current SBA SOP 5010 5 (E) the NAICS Codes of Environmentally Sensitive Industries, lenders can save their borrowers time and money. I’ve had many lenders…

Partner Continues Industry Education Efforts with New Due Diligence Series

Environmental and engineering due diligence in relation to real estate transactions often poses questions about how, when and why. As an industry leader in providing assessments, Partner had taken to task to also be industry leaders in educating the real estate industry on the When of ordering a report, the Whys, the Hows, and the…

Environmental Due Diligence When Inheriting Real Estate

What type of environmental due diligence should you do prior to taking title to real estate that is given to you?   Is doing a Phase I Environmental Site Assessment a bit like looking a gift horse in the mouth? A Connecticut woman recently inherited a commercial property that had formerly been a gas station and,…

The basics of the New Jersey LSRP Program

The New Jersey Site Remediation Reform Act (SRRA) was signed into law by in 2009 and is significantly changing how New Jersey handles site remediation.  The SRRA law, which created the Licensed Site Remediation Professional (LSRP) program, is modeled after a similar Massachusetts law and streamlines the investigation and remediation of environmentally impaired sites.   Historically, the New…

ADA Surveys in Due Diligence

Entry by JoeDerhake Entry Compliance with accessibility requirements is an important part of real estate due diligence, often addressed through an ADA or Accessibility Survey. There are many parts to the issue and liabilities can be significant. More My associate, Ira Grossman, has a blog series covering these ADA issues, from the history of regulations…

Phase I Environmental Site Assessments (ESAs) in California

Performing Phase I Environmental Site Assessments (ESAs) in California is a little different than other states.   The golden state has lived up to its name in the world of real estate as real estate investors have done quite well in the past 50 years.    Arguably one reason for real estate appreciation is that real estate…

Methane Testing in Los Angeles

The City of Los Angeles requires methane testing before building in a Methane Zone or Methane Buffer Zone.  These methane zones are areas of the city with high methane as a result of naturally occurring petroleum products.  The risk is that methane could migrate into an unprotected structure and create an asphyxiation or explosion hazard….