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Real Estate Transactions

CEA has completed over 1,000 site assessments and other due diligence materials on behalf of buyers, sellers, lenders, developers, attorneys, and other interested parties over the last 15 years. Additionally, we have worked for many major financial institutions during the acquisition and redevelopment of commercial and industrial property.

Many facets of environmental law impact almost every real estate transaction, be it residential or commercial. Our expertise is in federal, state and local environmental statutes and regulations and their applicability to each property transaction. Our goal is to provide our clients with a clear understanding of the potential current and future environmental liabilities associated with the subject property.

We follow the national standards governed by the American Society of Testing Materials (ASTM) for conducting ASTM Phase I and Phase II reporting methodology as required by the Federal Deposit Insurance Corporation (FDIC). We perform ASTM Phase I for numerous reasons including re-financing, pre-acquisition, pre-divestiture, compliance, and as support for a rezoning or development application.

Our ASTM Phase I includes the following:

  • Executive summary
  • Purpose and scope of the assessment
  • Subject property description
  • Subject property ownership
  • Environmental setting
  • Results of subject property inspection
  • Regulatory/government agency inquires
  • Summary and conclusions
  • Site locus/layout
  • Limitations
  • Photographs
  • Sanborn maps
  • Referenced sources
  • Certification statement

Our ASTM Phase II includes the following:

  • Extent of the contamination via test borings, soil and ground water sampling and analysis
  • Physical and chemical testing of contamination
  • Quantification of the potential liability or risk

Additionally a our ASTM Phase II may include the following:

  • Soils investigation
  • Groundwater investigation
  • Hazardous building materials survey
  • Air monitoring
  • Sediment sampling program

Additionally, our staff has a substantial experience with Chapter 21E, the Massachusetts Contingency Plan (MCP) and other state and local statutes and regulations regulating hazardous waste and underground fuel storage tank removal, as well as federal laws and regulations applicable to disposal and handling of hazardous wastes.

Our expertise in environmental permitting also encompasses Chapter 91 licensing, Title 5 septic system regulations, the Massachusetts Wetlands Protection and Rivers Act and the Massachusetts Environmental Policy Act ("MEPA").

Our staff also has the expertise required to determine all permits and approvals required under zoning and environmental law necessary for a particular use or project and assist our clients in obtaining these permits and approvals. This assistance includes negotiating with local and state permitting boards and representing clients at local and state hearings