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Practical Guidance for Due Diligence Environmental Auditing

June 1988

Citation: ELR 10210

Author: John M. DeMeester

Editors' Summary: Environmental auditing has become one of the most widely used techniques for detecting and preventing environmental problems before they get out of hand. Increasingly, corporations with sophisticated environmental staffs are using the technique to evaluate not only the corporation's own pollution concerns but also those of corporations that are possible partners in a merger or acquisition. Environmental auditing is thus becoming part of the "due diligence" practiced in evaluating major business transactions. In this Article, the author describes the needs for environmental due diligence auditing and the contractual issues underlying it. He explains how corporations should plan and carry out environmental due diligence auditing, and then analyzes typical problems that arise and evaluates responses to them.

Mr. DeMeester is a Staff Counsel in the Legal Department of The Dow Chemical Company, Midland, Michigan. The views expressed in this Article are those of the author and do not necessarily represent the views of The Dow Chemical Company. The author wishes to acknowledge and thank his colleagues Graham Taylor and Pedro Freyre for their valuable contributions and editing assistance in preparing this Article.

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