Tag Archives: Environmental Due Diligence

ESG Due Diligence Update: First Lessons from Recent Rulings in the EU

As the EU intensifies its focus on ESG, the new Corporate Sustainability Due Diligence Directive (CS3D) is poised to enforce stricter environmental accountability across corporate operations. This directive, along with recent EU court rulings, underscores the critical need for companies to strengthen their environmental due diligence to avoid significant legal and financial penalties. For a … Continue Reading

US BUILD Act Clarifies Tenant Standing for Bona Fide Prospective Purchaser Protections from Contaminated Property Liability

When President Trump signed the omnibus spending bill on March 23, 2018, he also enacted the Brownfields Utilization, Investment, and Local Development Act of 2018 (BUILD Act) (not to be confused with the Better Utilization of Investments Leading to Development Act of 2018—yet another BUILD Act of 2018). Among the several provisions within the BUILD … Continue Reading

When to Consider “Non-Scope Considerations” in Environmental Due Diligence

Performing thorough environmental due diligence for commercial and industrial property acquisitions requires consideration of diverse risks to a prospective purchaser. Such diligence generally includes a Phase I environmental site assessment performed under ASTM Standard Practice E1527-13 (ASTM E1527-13), which is designed to investigate the possibility of hazardous substance or petroleum product releases at a commercial property—the presence of which … Continue Reading
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