Today, environmental due diligence is an integral part of many business transactions, not only those that are primarily land-based. In the early days of environmental due diligence, evaluation techniques focused on actual or potential soil and groundwater contamination. Now, environmental due diligence can include such inquiries as employee health and safety, emergency preparedness, product liabilities, carbon footprint and many other issues. Supervision of this process by an experienced environmental attorney has numerous advantages, including attorney-client privilege and protection of trade secrets.

In one case that Mr. Slap was involved in, a major shopping center developer bought a farm of 186 acres. The environmental consulting firm initially retained by the developer found no problems in its Phase I Audit. During a post-closing inspection of the site, however, the developer noticed several concrete platforms in the middle of the property. Subsequent investigation revealed that the property had previously been used as a skeet shooting range. In a large semicircular area in front of the platforms, the soil was contaminated with lead shot. Mr. Slap was then retained on behalf of the developer to recover remediation costs incurred. An engineering malpractice complaint was filed, resulting in a settlement with the audit firm and its insurance carrier.