#76 ENVIRONMENTAL LAWYERS Buyer Checklist You Need To Know Before You Spend Your Money. 25 Buyer-Beware Intelligence Points.

Written by

in

Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.

“Environmental liability can begin with a property, permit, discharge, waste stream or regulatory violation you didn’t realize mattered.”

EPA’s current enforcement framework covers air, water, waste, chemical and cleanup enforcement, with both civil and criminal enforcement programs.

25 Buyer-Beware Warnings

  1. ☐ Identify applicable environmental permits.
  2. ☐ Identify regulated activities.
  3. ☐ Review historical site use.
  4. ☐ Review contamination history.
  5. ☐ Review waste handling.
  6. ☐ Review discharge issues.
  7. ☐ Review air-emission requirements.
  8. ☐ Review hazardous-material handling.
  9. ☐ Review reporting obligations.
  10. ☐ Preserve environmental records.
  11. ☐ Preserve permits.
  12. ☐ Preserve inspection reports.
  13. ☐ Preserve agency correspondence.
  14. ☐ Don’t ignore notices of violation.
  15. ☐ Don’t assume cleanup responsibility is simple.
  16. ☐ Identify federal requirements.
  17. ☐ Identify state requirements.
  18. ☐ Identify local requirements.
  19. ☐ Review property transactions.
  20. ☐ Review indemnities.
  21. ☐ Verify environmental counsel experience.
  22. ☐ Understand remediation exposure.
  23. ☐ Model potential compliance costs.
  24. ☐ Track regulatory deadlines.
  25. ☐ Don’t wait until an enforcement action becomes unavoidable.

EPA provides public compliance and enforcement data through systems including ECHO, which covers inspection, violation and enforcement information for numerous environmental statutes.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *