Key Takeaways
- Phase I ESA following ASTM E1527-21 establishes the innocent landowner defense under federal Superfund law.
- Phase II investigation confirms contamination presence and concentration, with remediation costs potentially reaching millions.
- Wetland impacts require Corps of Engineers permits and compensatory mitigation at 1.5:1 to 3:1 ratios.
- Endangered species presence can restrict or prohibit development through ESA consultation lasting 12-24 months.
- Brownfield programs offer liability protection and incentives but require careful assessment of remediation scope and cost.
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Test Your Knowledge
1.What legal protection does a Phase I ESA provide to property buyers?
2.What compensatory mitigation ratios are typically required for wetland impacts?
3.What can an Endangered Species Act consultation add to a development timeline?