Gary Moore

Danville, California – August 19, 2024 – Diablo Green Consulting, Inc., a leading provider of environmental services for commercial and telecommunications projects, today announced a strategic partnership with Tullup, a global talent sourcing agency. This collaboration aims to bolster Diablo Green’s team with highly skilled professionals, further strengthening its ability to deliver exceptional environmental consulting services.

“We’re excited to partner with Tullup,” said Holly, owner of Diablo Green. “Their expertise in sourcing top talent aligns perfectly with our commitment to providing clients with the best possible service. As we continue to expand our project portfolio, having access to a wider pool of skilled professionals through Tullup will be invaluable.”

Tullup, known for its rigorous vetting and placement process, specializes in connecting businesses with exceptional candidates from around the world. This partnership will allow Diablo Green to tap into Tullup’s extensive network to fill a range of roles, including NEPA specialists, biologists, cultural resource managers, and more.

Gary, owner of Tullup, shared their enthusiasm about the partnership: “We’re delighted to be working with Diablo Green, a company dedicated to environmental stewardship and project success. We’re confident that our global talent solutions will help them build an even stronger team, enabling them to continue delivering outstanding results for their clients.”

This partnership underscores Diablo Green’s proactive approach to talent acquisition and its dedication to maintaining a highly qualified team. By leveraging Tullup’s expertise, Diablo Green is poised to navigate the complexities of the environmental consulting landscape with even greater efficiency and effectiveness.

About Diablo Green Consulting, Inc.

Diablo Green Consulting, Inc. is a trusted provider of environmental services, specializing in NEPA compliance, permitting, biological surveys, cultural resource management, and more. With a commitment to regulatory expertise and community-focused solutions, Diablo Green guides commercial and telecommunications projects to success while safeguarding the environment.

About Tullup

Tullup is a global talent sourcing agency dedicated to helping businesses grow by connecting them with top talent from around the world. Tullup’s rigorous vetting process and focus on cultural fit ensure that clients receive candidates who are not only skilled but also aligned with their company’s values and goals.

The Transaction Screen Assessment (TSA) report is the culmination of the ASTM TSA process. It meticulously documents findings from the questionnaire, records review, and potential site visit. This report serves as a crucial tool to inform and guide decision-making in real estate transactions.

A well-structured TSA report offers more than just a collection of data. It provides a systematic analysis of potential environmental risks associated with a property. Within the report, certain key sections play a pivotal role in shaping this assessment.

Essential Components of a TSA Report

Property Information

• Basic details: Address, current use, lot size, building description.
• Historical Uses: Past uses are crucial, as they can reveal potential sources of contamination (e.g., gas station, manufacturing facility, etc.).

Records Review Findings

• Database Results: Summarizes if the property or adjacent sites appeared on any federal, state, or local environmental databases indicating potential contamination, spills, violations, or permits.
• Historical Records: Findings from maps, aerial photos, city directories, etc., are outlined. These can uncover past land uses or structures that might suggest potential environmental risks.

Site Visit Observations (if conducted)

• Visual Indicators: Description of any unusual staining, stressed vegetation, improper waste disposal, or other potential red flags observed.
• Limitations: Note any areas that were inaccessible during the visit.

Data Gaps

• Missing Information: Highlight records that couldn’t be obtained or areas not accessible during the site visit.
• Impact on Assessment: Explain how these gaps might limit identifying potential risks.

Conclusions & Recommendations:

• Potential Risks: Based on all gathered data, areas of potential environmental concern (RECs) are clearly outlined.
• Further Assessment: The report may recommend a Phase I ESA if any significant concerns or data gaps exist, especially to gain stronger liability protection.

Why These Elements Matter

Informed Decision-Making

The TSA report isn’t just a collection of information; it’s a tool that connects the findings to potential environmental liabilities. Each section contributes a piece of the puzzle for buyers, sellers, and lenders to make well-informed decisions about the property.

Risk Management

By systematically documenting potential risks, the TSA report:

• Quantifies Risk: Helps assess the likelihood and potential severity of environmental contamination.
• Facilitates Strategy: Can suggest risk mitigation options, like further assessment, remediation, or negotiating adjustments to the sales price.
• Provides Documentation: Offers a clear record of due diligence, demonstrating that environmental concerns were proactively considered during the transaction.

Connecting Report Sections to Due Diligence:

• Records Review and Historical Research: Flag past activities that often leave behind contamination.
• Site Visit: Identifies current issues visible on the surface.
• Data Gaps: Highlight the importance of a thorough assessment, as missing information limits the ability to fully understand risks.
• Recommendations: Guide the next steps, helping determine whether to proceed with confidence, require a deeper investigation, or re-evaluate the transaction.

Real-World Example Snippets

Scenario 1: “Red Flag” in Records

Report Excerpt (Records Review): “The property was listed on the state’s Leaking Underground Storage Tank (LUST) database, indicating a past release of petroleum products. However, the listing shows the case as ‘closed,’ with no further details available.”

Implications: This raises a concern about potential soil or groundwater contamination. While the case is closed, further inquiry might be needed to determine the extent of any past issue and whether any lingering liabilities exist.

Scenario 2: Recommendation for Phase I

Report Excerpt (Conclusions): “Historical aerial photographs indicate that a portion of the property was used as an auto salvage yard from the 1950s through the 1980s. Due to the potential for soil and groundwater contamination associated with this type of activity, a Phase I ESA is recommended for a more comprehensive assessment.”

Why it Matters: The TSA identified a high-risk historical use. A Phase I ESA with potential sampling is now essential for buyers to fully understand the level of risk and make informed decisions about remediation or negotiation.

Beyond Just a Document

A Transaction Screen Assessment report delivers far more than simply compiled information. It serves as a powerful decision-making tool within the environmental due diligence process. By carefully analyzing the findings outlined in each section, buyers, sellers, and lenders can gain a clearer understanding of potential environmental risks and liabilities associated with a property.

The TSA report empowers responsible real estate transactions. It guides informed choices on whether a property requires further in-depth investigation, offers leverage for negotiation, or helps determine if the identified risks align with the buyer’s risk tolerance. Ultimately, understanding the content of a TSA report is essential for minimizing environmental surprises and making sound investment decisions.

Frequently Asked Questions About a Transaction Screen Assessment Report

A TSA report section is missing some information. Is it still valuable?

Yes, but it’s important to understand the limitations. Data gaps can occur due to missing records or inaccessible site areas. The report should clearly explain these gaps. Discuss them with your environmental professional to assess if they significantly impact the overall risk assessment or whether further investigation can fill the gaps.

The TSA report recommends a Phase I ESA. Does this mean the deal is dead?

Not necessarily. A Phase I ESA provides a more in-depth analysis, crucial for high-risk properties or when maximum liability protection is sought. Depending on the Phase I findings, you might:

• Proceed confidently if the concerns are minor.
• Renegotiate price or request remediation before closing.
• Walk away if the risks are too high.

Can I negotiate based on a TSA report, even if it doesn’t have the same legal protection as a Phase I?

Potentially. While a TSA might not offer full CERCLA liability protection, it can highlight potential environmental concerns. Use this knowledge to negotiate a lower sale price, require the seller to address issues before closing, or include specific contingencies in the contract to protect yourself.

How does the TSA report help my lender?

Lenders often require a TSA as part of their due diligence. The report helps them assess the potential for environmental liabilities that could impact the property’s value as collateral. A favorable report with minimal red flags can facilitate a smoother loan approval process.

If the TSA report looks good, why would I need a Phase I ESA?

In some cases, primarily for low-risk properties and with clear findings, a TSA might be sufficient due diligence. However, Phase I ESAs offer greater depth, stronger legal protection, and may uncover issues the TSA missed. It’s good practice to consult with your real estate attorney and environmental professional to determine the most appropriate level of assessment tailored to your needs.

An ASTM Transaction Screen is a streamlined environmental assessment conducted in accordance with the ASTM E1528 standard. It primarily relies on a questionnaire, records review, and a potential limited site visit to identify potential environmental concerns associated with a property.

ASTM TSAs offer a preliminary level of environmental due diligence within commercial real estate transactions. They are often used for low-risk properties or to meet initial lender due diligence requirements.

The ASTM TSA Process: Key Components

Questionnaire

The environmental professional provides the property owner or occupant with a detailed questionnaire. This gathers information about current and historical site uses, storage or handling of chemicals, waste disposal practices, spills or leaks, and other activities that might suggest environmental risks.

Records Review

The environmental professional examines federal, state, and local environmental databases, as well as historical records (aerial photos, city directories, etc.), to find evidence of potential contamination sources on or near the property.

Limited Site Visit (Optional)

A site visit may be conducted to identify visual indicators of environmental concerns. This could include observations of improper storage/disposal, unusual odors, or site conditions that raise questions.

TSA Report

The report summarizes findings from the questionnaire, records review, and site visit (if conducted). It outlines areas of potential environmental concern (RECs) and may recommend a Phase I ESA for further investigation if warranted.

Benefits of an ASTM Transaction Screen

• Cost-Efficiency: ASTM TSAs are significantly less expensive than a full Phase I ESA due to their streamlined nature and focus on existing records. This makes them especially attractive for buyers and lenders involved in smaller transactions or those working with budget constraints.
  
• Speed: The reliance on a questionnaire and readily available records allows TSAs to be completed relatively quickly, often within a week or two. This facilitates faster decision-making in time-sensitive real estate transactions.
  
• Preliminary Risk Identification: While not as comprehensive as a Phase I ESA, a well-conducted ASTM TSA can still uncover obvious red flags. It provides a baseline understanding of potential environmental liabilities, helping buyers, sellers, and lenders assess risks early in the process.
  

The ASTM standard provides a degree of consistency and reliability, ensuring that even with the smaller scope of a TSA, buyers are still getting an assessment based on industry-recognized practices.

When to Consider an ASTM TSA

Scenario 1: Simple, Low-Risk Properties

Property Examples: Vacant lots in residential areas, small commercial buildings with straightforward histories (e.g., retail, office space), properties with no indication of past industrial use.

Why a TSA is Suitable: In these scenarios, the likelihood of significant contamination is often low. An ASTM TSA can provide a cost-effective way to satisfy a lender’s initial due diligence requirements and offer peace of mind before undertaking a full Phase I ESA.

Scenario 2: Stepping Stone to Phase I

Example: A property with a past use as a gas station (but now redeveloped). The ASTM TSA might uncover this past land use, but not provide sufficient detail to determine if contamination is present.

TSA’s Role: It flags the potential risk and clearly indicates that a full Phase I ESA, potentially including soil and groundwater testing, is necessary to make informed decisions about the property.

ASTM TSA vs. Phase I ESA

Characteristic	ASTM Transaction Screen (TSA)	Phase I ESA
Scope	Limited: Questionnaire, records review, optional limited site visit	Comprehensive: Includes interviews, historical research, in-depth site visit
Liability Protection	May not fulfill CERCLA “Innocent Landowner Defense” requirements	When conducted according to ASTM standards, generally meets CERCLA requirements
Typical Cost	Significantly less expensive	Higher cost
Turnaround Time	Faster (often within a week or two)	Longer (several weeks)

Situational Value of the ASTM Transaction Screen

The ASTM Transaction Screen (TSA) serves as a targeted tool within the broader framework of environmental due diligence. Its cost-effectiveness and speed make it a practical choice for initial assessments of seemingly low-risk properties or when time is a major constraint. The TSA, adhering to the ASTM standard, provides a structured approach to identifying potential environmental concerns.

It’s crucial to recognize the TSA’s role as a preliminary screening. In cases with complex property histories, known risks, or when maximum liability protection is desired, the more comprehensive Phase I ESA is essential. Understanding the distinct purposes of both the TSA and Phase I ESA is key to choosing the most appropriate assessment for the specific property and transaction.

Ultimately, a strategic approach to environmental due diligence, where the ASTM TSA is employed alongside other assessments as needed, helps buyers, sellers, and lenders manage environmental risks proactively, facilitating informed and responsible real estate decisions.

Frequently Asked Questions About ASTM Transaction Screen

What if the TSA finds potential problems? Am I still protected?

A TSA’s main function is to uncover red flags. If potential environmental concerns (RECs) are identified, it might NOT provide the same legal protection as a Phase I ESA. To understand your options, consult with your environmental professional and real estate attorney. They can help determine if a more detailed Phase I ESA is necessary for liability protection or to guide negotiations.

My lender is asking for an ASTM TSA. What does that mean for me?

Lenders often require an ASTM TSA as part of their due diligence on smaller or seemingly low-risk transactions. It helps them assess potential environmental liabilities before approving the loan. Cooperate with the process, as a smooth TSA can facilitate a faster decision on your loan application.

Can I use a TSA instead of a Phase I ESA to save money?

Sometimes, but not always. TSAs are less expensive, but they don’t offer the same depth or potential liability protection as a Phase I ESA. On high-risk properties or where maximum protection is sought, a Phase I ESA is the safer choice. Choosing the right assessment is crucial to avoid costly surprises later.

The property owner won’t agree to a Phase I ESA due to the cost. Can a TSA still be useful?

Yes. Even with limitations, a TSA is better than no assessment at all. It offers a preliminary look, and if any concerns are found, you can use those findings to negotiate for a lower price or insist upon remediation before proceeding.

Is there a specific time limit for how long a TSA is considered valid?

While there’s no set expiration like a Phase I ESA, TSAs rely on records that could change. Additionally, property conditions might change. Consult with your environmental professional and lender to determine if an update is needed, especially for transactions with longer timelines.

Do you live near a proposed development project – a new highway, a power plant, or maybe something else entirely? If you’re concerned about how such projects might affect your community’s environment, you have the right to be heard. The National Environmental Policy Act (NEPA) ensures that federal agencies consider public input when they make decisions that could have environmental consequences. This guide will walk you through how to make your voice count in the NEPA process.

Understanding the NEPA Process

NEPA isn’t designed to stop projects, but rather to ensure they are done with careful consideration. Think of it like a series of steps. First, a federal agency proposes an action. Next, they examine whether it could significantly impact the environment. If the impacts are minor, they might be able to move forward with minimal review. However, large-scale projects with potential consequences require closer analysis.

This is where the public steps in. At different phases in the process, agencies are required to announce their plans and invite comments from interested individuals and groups. Your feedback can shape how the project develops and what measures are taken to mitigate any negative environmental impacts.

Effective Public Comment Strategies

Making your comments count goes beyond simply stating your support or opposition to a project. NEPA is designed to ensure agencies consider environmental impacts, so the most effective comments focus on these specific concerns. Let’s break down how to do this:

• Do Your Homework: Before writing, research the proposed project. What exactly is involved? What are the potential environmental consequences? Look at official documents on agency websites, but don’t stop there. Find reliable sources like news articles, studies from universities, or data from reputable environmental groups to strengthen your understanding of the issue.
• Connect to Specific Impacts: If you’re worried about air pollution, don’t just say, “This will make the air dirty.” Instead, try something like: “Studies show this type of facility contributes to increased particulate matter pollution, which can worsen asthma rates in nearby communities.”
• Offer Solutions, Not Just Problems: Instead of purely opposing the project, suggest alternatives. Could the project be redesigned to reduce impacts? Are there mitigation measures the agency should consider? For example: “I support providing green spaces in our city, but I urge the use of native plant species in this park project to better support local wildlife.”
• Use the Right Channels: Comments must be submitted officially within designated timeframes. Each project should have clear instructions on where to submit comments (agency website, email, regulations.gov, etc.). Attending public meetings is important, but verbal comments at a meeting may not carry the same weight as a formal written submission.
• Quality over Quantity: A long, rambling comment isn’t necessarily better. Focus on 2-3 key points you can support with evidence. A clear, well-organized comment shows you’ve taken the issue seriously and is more likely to be given careful consideration.

Example to Illustrate:

Let’s say a highway expansion is proposed near your town. Here’s an example of a weak vs. strong comment:

• Weak: “I hate this highway, the noise is terrible and traffic will be worse!”
• Strong: “I’m concerned the expansion will increase runoff pollution into the nearby river, which is a drinking water source. Has the agency considered alternatives like permeable pavement or expanded rainwater collection systems?”

Remember, the goal is to raise concerns that the agency is legally obligated to address under NEPA!

Going Beyond the Basics

Submitting written comments is a strong start, but there are additional avenues to make your voice heard in the NEPA process. Here are strategies to consider:

Attend Public Meetings

Agencies often host public meetings or hearings to present project details, gather feedback, and answer questions. This is your chance to interact with agency representatives directly, clarify technical aspects, and voice your concerns in person. Be sure to check meeting minutes afterward, as these often summarize public input and can become part of the project record.

Join Forces, Amplify Your Impact

Find local groups or larger environmental organizations that align with your concerns about a project. They often have expertise in the NEPA process, helpful resources, and networks to broaden your reach. Collaboration can lend credibility to your comments and lead to coordinated actions for greater influence.

Stay Informed and Proactive

Don’t wait for public comment periods to open. Proactively follow the activities of agencies that often oversee projects in your area. Many maintain NEPA-specific pages on their websites where they list proposed actions. Consider signing up for email newsletters or alerts related to NEPA developments for early awareness.

Leverage Your Skills or Resources

Your unique talents can be valuable! If you have expertise in a relevant field (biology, hydrology, etc.), offer your knowledge to help communities understand impacts. If you have connections with local media outlets, help get the word out about proposed projects and public participation opportunities. Every bit of informed engagement counts.

Track Progress and Stay in the Loop

NEPA projects can take time. Don’t just make a comment and walk away. Follow the project’s progress – does the agency issue a revised proposal based on feedback, is there a lawsuit involved? Staying informed can prompt you to take further action if necessary, and also helps you understand how the NEPA process works in real-world scenarios.

While the NEPA process encourages public participation, there’s always a chance your efforts won’t stop a project outright. However, your involvement can lead to compromises, mitigation measures that reduce harm, or increased transparency around the decision-making process. Even if the outcome isn’t ideal, active engagement is crucial for holding agencies accountable to their environmental responsibilities.

Shaping the Future: The Power of Public Participation in NEPA

Believe it or not, public participation in NEPA can make a real difference. In one case, citizens’ concerns about logging in a National Forest led the agency to replant trees in a way that better protected wildlife habitat. Elsewhere, a community group worked with developers to scale back a project that would have destroyed valuable wetlands. These examples show that engaged citizens, armed with information and a willingness to speak up, can steer projects toward better environmental outcomes.

Frequently Asked Questions About Public Participation in NEPA

Can I participate in NEPA if a project isn’t directly in my neighborhood?

Yes! NEPA’s focus is on environmental impact, which can extend beyond a project’s immediate location. If you have evidence that a project could cause pollution, habitat disruption, or other impacts that reach your community, your input is valid.  Additionally, some NEPA analyses consider broad, cumulative impacts, which means your perspective could help fill a gap in the full picture.

What if I don’t have scientific expertise, can I still make a valuable comment?

Absolutely!  While scientific understanding is helpful, NEPA is about more than just hard data. Local knowledge matters tremendously. You might be aware of wildlife migration patterns, flooding tendencies in certain areas, or historical uses of the land, which can inform potential impacts the agency missed. Explain your specific knowledge and why it’s important.

I’m busy. Are there ways to get involved without it taking over my life?

Yes, participation can be scaled to fit your time availability. Submitting even a brief, well-researched comment is useful. Joining an existing group often means you can share the workload.  Even just signing a petition from a reputable organization shows the agency that citizens are paying attention.

What happens after I submit my comment?  How do I know if it made a difference?

Agencies are required to consider and respond to public comments, usually in a document that accompanies the final NEPA decision. It might not always lead to your preferred outcome, but sometimes it reveals shortcomings in the original plan, prompts further study, or leads to adjustments that lessen environmental harm. Staying informed throughout the process is the best way to track your input’s influence.

What if I believe the agency is violating NEPA?

There are avenues to raise concerns about improper NEPA procedures.  Start by carefully documenting the specific issue. Contacting an environmental legal aid organization or attorney specializing in NEPA might be necessary.  These groups can help you understand your options for formal complaints or potential lawsuits to hold agencies accountable to the law.

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