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SERVICES
Environmental Audits
Phase I & II Environmental Site Assessments
TSCA Reporting
EPCRA Reporting
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A buyer or seller in a property transaction or a landowner could face long-term liability for a property’s environmental condition. In property transfers, sellers and buyers often find themselves responsible for clean-up activities because a thorough pre-transaction investigation was not made. A key defense to be considered an innocent landowner under Superfund, and thus not subject to remediation costs, requires that the landowner has made all appropriate inquiries to determine that the site was not contaminated. Thus, due diligence requires, and common sense demands, that buyers and sellers take exhaustive steps to inventory environmental issues at sites prior to entering into property transfers.
Davis & Floyd has conducted environmental site assessments for a myriad of property types. We have evaluated manufacturing facilities, islands, office buildings, hydroelectric projects, hotels, and undeveloped properties to name a few. We utilize a three-phase approach that allows our clients to cost-effectively inventory, evaluate, and correct environmental issues. Buyers and sellers are informed of the risks associated with the property and can develop action plans that minimize their future liability. One such plan may include entering into a Voluntary Clean-up Contract (VCC) with the State Environmental Department with jurisdiction.
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