Environmental Due Diligence

When purchasing properties or prior to surface disturbance, it is always prudent to perform an Environmental Due Diligence, especially where there is a concern of potential environmental risks exists. Reagan Smith’s staff understands the broad framework of potential environmental liability imposed by state and federal regulations on parties. Environmental Due Diligence Reports typically cover endangered species habitat assessment, migratory birds habitat assessment, Bald and Golden Eagle habitat assessment, floodplain issues, wetland issues, and a variety of regulatory and permitting issues. Obtaining an Environmental Due Diligence Report can assist in troubleshooting and siting projects. These reports can be customized to your project and goals.

Categorical Exclusions

Categorical exclusions are "a category of actions which do not individually or cumulatively have a significant effect on the human environment... and for which, therefore, neither an environmental assessment nor an environmental impact statement is required." (40 CFR 1508.4)

Many projects only require a Categorical Exclusion or Cat Ex in order for approval. Our staff is well versed in the many Cat Ex options for you project.

Environmental Assessments

NEPA directs federal agencies to thoroughly assess the environmental consequences of "major federal actions significantly affecting the quality of the human environment." Not all Federal actions require a full Environmental Impact Statement. If the action is not likely to cause a significant impact, the agency may require an abbreviated document called an Environmental Assessment (EA). Thus, EAs usually have a determination of "No Significant Impact" or "Notice of Intent to Prepare an Environmental Impact Statement." The principal pathways of impact taken into consideration are as follows: soil contamination impacts, air pollution impacts, noise, health effects, ecology impacts including endangered species assessment, geological hazards assessment, and water pollution impacts. The purpose of the assessment is to ensure that decision-makers consider environmental impacts before deciding whether to proceed with new projects.

Reagan Smith prepares environmental assessments for projects on federal and Indian lands.  We specialize in environmental assessments for the Osage Nation in Osage County, Oklahoma.

Environmental Impact Statements

An environmental impact statement (EIS), under United States environmental law, is a document required by the 1969 National Environmental Policy Act (NEPA) for certain actions "significantly affecting the quality of the human environment". An EIS is a tool for decision making. It describes the positive and negative environmental effects of a proposed action, and it usually also lists one or more alternative actions that may be chosen instead of the action described in the EIS. Several U.S. state governments require that a document similar to an EIS be submitted to the state for certain actions.

Reagan Smith prepares Environmental Impact Statements and all supporting documentations. All meetings and public outreach is handled by Reagan Smith staff. Reagan Smith also provides expert guidance to Tribes and other entities on proposed EIS and other environmental documents.

Phase 1 Environmental Site Assessment

A Phase I Environmental Site Assessment, commonly referred to as an ESA, or Phase I ESA, is completed to research the current and historical uses of a property as part of a commercial real estate transaction. The intent of the report is to assess if current or historical property uses have impacted the soil or groundwater beneath the property and could pose a threat to the environment and/or human health. If these issues are found, it presents a potential liability for the lender and/or owner, as well as affecting the value of the property. A Phase I ESA completed prior to the closure of a real estate transaction can be used to satisfy the requirements of CERCLA’s (Comprehensive Environmental Response, Compensation and Liability Act) innocent land owner defense under All Appropriate Inquiries (AAI).

Reagan Smith prepares Phase I Environmental Site Assessment reports on all types of properties including vacant land, agricultural, multi-family residential, commercial, and industrial uses; however, all Phase I ESA reports are completed to comply with ASTM E1527-13.

Biological Evaluations and Biological Assessments

Biological Evaluations are required by Federal agencies to assist in determining the effects of a project. Biological Evaluations typically address special status species, wetlands, floodplains, migratory birds and other issues. Biological Evaluations can be stand alone documents or supporting documents to larger NEPA documents.

Habitat Management Plans are developed by Reagan Smith to assist operators in complying with Conditions of Approval in federal permits.  Nesting surveys can also be performed for construction taking place during the nesting and breeding seasons.