Robert D. Anderson, Norm James, Dawn Meidinger & Greg Adams.
Standard practice for conducting due diligence as part of real estate trans-actions has long included an assessment of the potential for a site to have “recognized environmental conditions,” i.e., hazardous substances or petro-leum products released to the environment. In addition to this evaluation, sound due diligence practices should include an evaluation of the potential for federal regulatory requirements to significantly affect value. This paper will look at four general areas: the Clean Water Act1 (“CWA”), the Endan-gered Species Act2 (“ESA”), the National Environmental Policy Act3 (“NEPA”) and the National Historic Preservation Act4 (“NHPA”).