Why Client Advocacy Matters in Environmental Consulting

12 Aug Why Client Advocacy Matters in Environmental Consulting

From ESA’s perspective, it is difficult to imagine a profession where client advocacy is more impactful than in environmental consulting. After all, where else can a seemingly straight-forward $5,000 project transform into a six-figure, bank-account-draining nightmare in the blink of an eye? The reality is that initial environmental investigations have the potential to reveal data that necessitates additional work. And the best defense when dealing with this scenario is to retain an environmental consultant with a proven and unimpeachable reputation as a client advocate. Here’s a recent real-life example ESA encountered that illustrates why client advocacy matters in environmental consulting.

Red Flags

ESA was retained to conduct an environmental assessment and investigation by the owner/operator of an industrial establishment occupying a leasehold portion of a large, multi-tenant property. Prior to ESA’s involvement, our client’s attorney had filed a General Information Notice (GIN) with the New Jersey Department of Environmental Protection (NJDEP) pursuant to the Industrial Site Recovery Act (ISRA).

ESA’s remedial investigation required the collection and analysis of numerous soil and sediment samples at the perimeter of the operational area and beyond. Resulting laboratory data was inconsistent with the nature of the operations reported to have been conducted at the site. Further, ESA’s review of existing aerial photographs revealed that the multi-tenant property had been used, in part, for agricultural purposes, including up to the edge of the client’s operational area. These findings raised a red flag for ESA, prompting a review of the GIN. Upon closer examination, ESA discovered that the map accompanying the GIN, which purportedly showed the boundaries of the client’s industrial establishment, encompassed an area beyond what ESA determined were the limits of their leasehold.

Client Advocacy in Action

With this data in hand, ESA was able to satisfactorily prove to the NJDEP that our client was  neither responsible for nor required to perform further investigation and remediation in the area beyond the properly defined perimeter of the industrial establishment. ESA reached this determination by consulting the ISRA Rules at N.J.A.C. 7:26B-1.4 (Definition of an industrial establishment) which finds that “For leased properties with two or more leased spaces, the industrial establishment includes the leasehold and any areas of concern that provide, are associated with, or are utilized for, hazardous substances and wastes to or from the leasehold, regardless of their location.” A GIN amendment was filed with the NJDEP that included a new map, correcting the original filing. This act saved the client thousands of dollars in unnecessary investigations and untold potential remedial costs.

As ESA enters its 36^th year in operation, our clients depend on us to advocate for them throughout every phase of their project. Does your environmental consultant advocate for you?