Phase I Environmental Site Assessment (ESA)

The main purpose of a Phase I ESA is to provide “due diligence” under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act, commonly referred to as Superfund). The purchaser of a piece of land, a commercial or industrial property can be found liable for millions of dollars in cleanup cost if the property is later found contaminated. The protection for the owner and/or lender in the event of such unfortunate occurrence will be proof of due diligence at the time of purchase. Even when it does not ring any alarm bell a properly conducted Phase I ESA may provide property owner and/or lander protection from liabilities under CERCLA.