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News & Insights

High-Stakes Environmental Due Diligence: What’s at Risk and How to Get It Right

Friday, July 4, 2025

Introduction

Environmental Due Diligence plays a pivotal role in land acquisition, development planning, and compliance assurance – especially in projects with substantial financial, environmental, and reputational risks. When the stakes are high, due diligence becomes more than a box-ticking exercise. It’s a strategic safeguard against future liability, unexpected costs, and project delays.

This article outlines the key risk areas that make environmental due diligence so critical – and the proactive steps organisations can take to mitigate them.

Why High-Stakes Due Diligence Matters

In large-scale developments, infrastructure upgrades, or property transactions involving former industrial land, the cost of inadequate environmental due diligence can be immense. Failure to uncover contamination, unstable geotechnical conditions, or compliance gaps may result in:

  • Delayed approvals due to incomplete or inaccurate environmental assessments
  • Cost blowouts from unplanned remediation or redesign
  • Regulatory breaches leading to fines, stop-work orders, or legal action
  • Reputational damage, especially when environmental harm becomes public
  • Project abandonment if previously unknown contamination renders the site unviable

The higher the land value or public visibility, the greater the consequences of missing or misjudging risk.

Key Elements of Robust Due Diligence

A high-stakes environmental due diligence strategy should include:

1. Preliminary and Detailed Site Investigations

Desktop reviews alone won’t suffice. Site inspections, historical land use assessments, and targeted sampling are essential to confirm or dismiss potential environmental concerns.

2. Risk-Based Contaminant Assessment

Evaluating actual and potential contamination must factor in the nature of the contaminants, their pathways, and potential human or ecological receptors. This helps establish whether remediation or risk management is required – and at what scale.

3. Asbestos Identification and Management Planning

Legacy asbestos in soil is one of the most common – and most litigious – risks. Early identification and the development of an Asbestos Management Plan can prevent costly delays and mitigate health risks during construction.

4. Regulatory Compliance Review

Understanding the obligations under state and local legislation is critical. This includes EPA regulations, planning approvals, waste classification frameworks, and biodiversity protections.

5. Stakeholder Risk Mapping

When multiple agencies, developers, or community groups are involved, anticipating reputational and political sensitivities is vital – particularly in regional or environmentally sensitive areas.

Common Oversights That Lead to Risk

Even experienced developers and consultants can miss key due diligence steps, including:

  • Assuming a prior Phase 1 or desktop review is sufficient
  • Skipping validation sampling for fill or stockpiled material
  • Failing to factor in climate risks such as acid sulfate soils or rising water tables
  • Neglecting to update reports when site conditions or planning approvals change
  • Overlooking cumulative impacts when multiple projects are staged in one region

Building a Culture of Proactive Environmental Risk Management

The most successful projects approach environmental due diligence as an ongoing commitment, not a one-time report. This includes:

  • Involving environmental consultants early in the planning phase
  • Keeping communication open between environmental teams, planners, and civil contractors
  • Regularly reviewing and updating site management documents
  • Integrating findings into the site’s CEMP and safety protocols

Conclusion

Environmental due diligence isn’t just about ticking boxes – it’s about uncovering hidden risks before they escalate into legal battles, project delays, or financial loss. As environmental expectations rise and regulations tighten, early, expert-led due diligence is your best line of defence. With the right strategy, you can protect your investment, reputation, and long-term project success.

Whether you’re acquiring land, redeveloping a complex site, or preparing for stakeholder scrutiny, Raw Earth Environmental can help you navigate risk with clarity. Our team works with developers, government agencies, and civil contractors to deliver robust due diligence at every stage of the project lifecycle.

Get in touch with us about your project today.