Item Phase I ESA Phase II ESA Response / Remediation Primary goal Identify environmental risk indicators and guide next steps Confirm and quantify impacts through sampling and laboratory analysis Address confirmed impacts and work toward risk reduction or closure Typical trigger Due diligence, lending, acquisition, refinancing Known or suspected concerns requiring data (e.g., petroleum, solvents, metals, etc.) Exceedances, recognized impacts, regulatory or owner-driven cleanup needs Level of investigation Non-intrusive evaluation and records-based review Intrusive field investigation (subsurface sampling) Active response (removal, treatment, controls) and/or regulatory coordination Fieldwork Generally none Borings/test pits, soil sampling, groundwater sampling, possible monitoring wells, vapor sampling as appropriate Confirmation sampling, delineation, remedial installation oversight, O&M monitoring Laboratory testing Typically none Analytical testing for targeted constituents based on site history and objectives Additional/confirmatory testing to document progress and support decisions What you “get” Risk picture and a practical path forward Measured results, mapped findings, and clear conclusions Action plan and documentation supporting stabilization, risk management, or closure Decision outcome Proceed, negotiate, or investigate further Proceed with confidence, refine risk/cost, or define the response scope Implement remedy, manage risk, pursue closure, support redevelopment Best fit for Lenders, buyers, developers, attorneys needing screening-level due diligence Teams needing defensible data for decisions, negotiations, design, or compliance Owners/developers needing practical solutions and project continuity View all Locations
Source: Kentucky seeks action against WVa gov's coal companies - LEXINGTON, Ky. (AP) — Regulators want the family of West Virginia Gov. Jim Justice to pay a penalty and follow through on a promise to fix environmental problems at eastern Kentucky coal mines. The Kentucky Energy and Environment Cabinet asked a circuit judge this week to enforce an agreement over reclamation violations against Justice; his son, Jay Justice; and several family coal companies. It included a $3 million penalty, plus interest, the Lexington Herald-Leader reported. In a motion filed in Franklin County, the Kentucky agency wants to revoke five permits at Justice-company mines and seize money that had previously been posted for reclamation. The motion seeks to force the companies to fix the site violations and block any new or amended permits until then. The Justices and their companies “have been provided many second chances to meet their permit obligations and time and again have failed,” the motion said. Lexington attorney Richard Getty, who represents the family, said the state’s request was “unnecessarily severe.” Justice has said many of the violations were inherited when he acquired the properties. The companies admitted to hundreds of reclamation violations in eastern Kentucky in 2014 and agreed to monitor water quality, fix drainage problems, stabilize landslides, clean out sediment ponds and eliminate highwalls at dozens of mines. After the companies missed a deadline to fix the issues, the state sued in 2015 to enforce the earlier agreement. A new settlement was reached in 2019 setting deadlines to complete reclamation work at five mines, along with other requirements. Last year, Justice's companies agreed to pay more than $5 million for thousands of mine safety violations in a civil case brought by prosecutors in Virginia on behalf of the U.S. Department of Labor and the Mine Safety and [...]