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Reporting The Results of A Due Diligence Investigation

Should you report the results of a Phase II Subsurface Investigation to regulatory agencies?

Frequently in the area of real estate due diligence, persons who engage consultants for a Phase II Environmental Site Assessment (Phase II ESA) face the question of whether or not they need to report data to regulatory agencies, and if so, who is ultimately responsible to do so. The answer to this question varies on a case-by-case basis, depending on three primary aspects: the regulatory jurisdiction of the project, the scope and results of the investigation, and the purpose of the investigation.

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