Due diligence experience includes:
- ASTM-compliant Phase I Environmental Site Assessments (ESA);
- Regulatory compliance assessments;
- Potential environmental risk screening and valuations; and,
- Strategies to ultimately negotiate site regulatory closure.
Representative Project Descriptions:
- Phase I ESAs – For a variety of manufacturing facilities in Northern and Southern California, QES has completed ASTM-compliant Phase I ESAs, including for specialty metal parts manufacturing, photographic film developing, and commercial warehouse facilities. In some instances, rough order of magnitude costs have been estimated for a range of potential outcomes leading to site closure.
- Acquisition of a machining and tool manufacturing facility – on behalf of counsel representing investors, QES provided due diligence review of historical environmental documents to assess potential environmental risks associated with purchase of the property, and associates reviewed available environmental regulatory and safety compliance data to assess potential risk associated with the business operations. A compliance check-list was developed for the regulatory compliance issues and for safety program development, which the business operators used to guide enhancement of the overall environmental and employee safety program at the facility upon purchase.
- Industrial client ending a 50-year lease, QES reviewed property development and land use history to identify and characterize chemical impacts to soil at the property that likely occurred during the lease period, and those that likely occurred prior to the lease. Potential chemical impacts included metals and petroleum hydrocarbons in shallow soil. Much of the case relied upon forensic analysis of historical aerial photographs, with limited investigation data available. Remediation costs for impacts resulting during the lease period were assessed and considered in settlement negotiations. QES presented the technical argument and cost basis before the mediating judge, and the case was settled favorably for the client.
- Eminent Domain – For the Port of Los Angeles where eminent domain was exercised to acquire a property occupied by a truck loading facility as part of the Alameda corridor widening, QES managed litigation support, liability control, and site investigation and remediation at a multiple source site including a 25,000-gallon underground storage tank. As part of this comprehensive project, litigation support was provided to the City Attorney for purchase of a former truck loading facility. Environmental liabilities and costs were successfully negotiated into the property acquisition price and Pollution Legal Liability Insurance was secured for the client prior to the purchase of limited liability insurance. Monitored Natural Attenuation (MNA) was also successfully negotiated, screened with the BIOSCREEN model. Regulatory closure of a 25,000-gallon UST was achieved.
