Environmental Exposures and Lender Concerns
Addressing Environmental Issues Today
It is arguable that many environmental issues that were formerly deemed potential "deal
breakers" or unquantifiable are now routinely addressed in the same manner as other
transactional tasks such as title searches, appraisals, et.
This is due, in part, to developments such as:
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Familiarity;
Improved ability to quantify environmental issues;
Experience;
Revised or clarified liability principles;
Improved assessment techniques;
Easier access to government records;
Standardized assessment;
Efforts by the federal and state agencies to reduce, to the extent possible, the
environmental regulatory/liability impediments to financing and/or acquiring/leasing
existing facilities ("brownfields" programs); and
Governmental trust funds
A number of tools and/or information unavailable 25 years ago have placed transactional
players in a position to better identify, quantify, manage and resolve environmental issues.
However - Some of these tools or routines can pose risks if there is not consideration of
issues that may not be addressed or identified.
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