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ARTICLE · 21 APRIL 2020

Environmental Due Diligence During The COVID-19 Pandemic

Rhoades McKee PC
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There are a number of challenges with conducting environmental due diligence for commercial real estate transactions during the COVID-19 pandemic.

United StatesEnvironment
Emily Green
Emily Green
Audrey Patterson
Audrey Patterson
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There are a number of challenges with conducting environmental due diligence for commercial real estate transactions during the COVID-19 pandemic. Government restrictions including shelter-in-place orders and social distancing guidelines present obstacles for completing key requirements of a Phase I Environmental Site Assessment ("Phase I ESA"), Phase II sampling, a baseline environmental assessment ("BEA") and due care plan in accordance with Michigan law. Common data gaps and limitations encountered as a result of the COVID-19 pandemic include the following:

  • site access limitations;
  • impediments to obtaining and reviewing government records;
  • an inability to complete interviews; and/or

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