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Real Estate/Development,
Environmental & Energy

Sep. 22, 2025

Why cities can't skip Phase I environmental due diligence

Municipalities acquiring property for public projects often overlook a critical step--skipping a Phase I ESA can lead to liability, hidden contamination and missed chances for crucial funding.

Wayne Rosenbaum

Partner
The Environmental Law Group, LLP

Email: swr@envirolawyer.com

See more...

Dana Justice

National Partner
SCS Engineers

Email: DJustice@scsengineers.com

See more...

Why cities can't skip Phase I environmental due diligence
Shutterstock

At a recent workshop on land reuse and redevelopment, it became clear that many municipalities are unclear about when and why environmental due diligence is necessary, especially the importance of a Phase I Environmental Site Assessment (ESA) that meets federal requirements for All Appropriate Inquiries (AAI).

This lack of clarity can lead to costly missteps and lost opportunities. Municipalities often acquire properties for redevelopment, public infrast...

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