News & Analysis as of

ASTM

Lippes Mathias LLP

Establishing Site Control is Just the Beginning: Initial Real Estate Diligence of Renewable Energy Projects

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Once site control is established for a renewable energy project, one of the project developer’s next steps is performing its due diligence to determine if the site is a viable option for the contemplated project. A key part...more

Morrison & Foerster LLP

CPSC Proposes New Rules Regulating Batteries in Kids’ Toys

The Consumer Product Safety Commission (CPSC) recently released a detailed proposal and is seeking comments for new regulations governing button cell and coin batteries in toys intended for children under 14 years of age....more

Husch Blackwell LLP

The Inflation Reduction Act’s Brownfields Adder: Updates on What Sites Qualify

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As detailed previously, the Inflation Reduction Act (IRA) offers incentives to renewable energy development that takes place on certain properties that are affected by potential or confirmed contamination. Under the IRA, a...more

Allen Matkins

Single ASTM Standard For Phase I ESAs For Commercial and Industrial Properties - 2024 Land Use, Environmental & Natural Resources...

Allen Matkins on

Effective February 13, 2024, prospective purchasers and ground tenants of commercial and industrial property seeking liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act...more

Proskauer Rose LLP

Designation of PFOA and PFOS as CERCLA Hazardous Substances

Proskauer Rose LLP on

On May 8, 2024, the United States Environmental Protection Agency (“EPA”) published its final rule designating two types of per- and polyfluoroalkyl substances (“PFAS”) — specifically, perfluorooctanoic acid (“PFOA”) and...more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

Lathrop GPM on

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

Farella Braun + Martel LLP

ASTM E1527–21 Is Now the Required ASTM Standard for All Appropriate Inquiries

As of February 13, 2024, ASTM E1527–21 is the required ASTM standard for All Appropriate Inquiries (AAI) in real estate transactions. Conducting AAI is required to establish the innocent landowner defense, as well as the bona...more

Maynard Nexsen

The Phase I Standard is Dead. Long Live the Phase I Standard.

Maynard Nexsen on

ASTM Standard E1527-13 died quietly on February 13, 2024, after a year of peaceful co-existence with its successor - ASTM Standard E1527-21. Both of the standards, which describe the methodology for conducting a Phase I...more

Wiley Rein LLP

Requirements for Consumer Products Containing Coin and Button Cells Expected to Phase in Soon

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Deadlines for compliance with central elements of Reese’s Law are fast approaching. Many consumer products that use coin or button cell batteries will have to comply with the UL 4200A-2023 standard (and be tested to confirm...more

Husch Blackwell LLP

D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use

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On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards...more

Environmental General Counsel PC

Evolving Standards for Due Diligence and Vapor Intrusion: Consider State Guidance and Policy

As regulation of vapor intrusion continues to evolve and escalate costs at contaminated sites, due diligence practices for vapor intrusion must also continue to evolve. Potential purchasers should consider supplementing a...more

Holland & Knight LLP

IRS Issues Updated Energy Community Bonus Guidance

Holland & Knight LLP on

The IRS on June 15, 2023, updated its energy community bonus guidance by issuing Notice 2023-45 and Notice 2023-47. The IRS also recently issued energy community bonus guidance in Notice 2023-29. (For a summary of Notice...more

Troutman Pepper

Treasury and IRS Release Additional Guidance on Energy Community Enhancements Under IRA

Troutman Pepper on

On June 15, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2023-45 and Notice 2023-47. Notice 2023-45 clarifies requirements for a brownfield site energy community safe harbor provided...more

Hinshaw & Culbertson LLP

U.S. EPA Publishes Final Rule Updating the Phase I Environmental Site Assessment Standard Under CERCLA

On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment...more

Stinson LLP

Minnesota Legislature Passes Historic Environmental Legislation

Stinson LLP on

The Minnesota Legislature has passed landmark environmental legislation with far-reaching consequences for regulated industries throughout the state. The bill provides approximately $1 billion in new spending for...more

BCLP

CPSC Publishes New Mandatory Standard for Clothing Storage Units

BCLP on

The U.S. Consumer Product Safety Commission last week published a final rule finding that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopting it as a...more

Allen Matkins

EPA Approves New ASTM Standard For Phase 1 Environmental Site Assessments

Allen Matkins on

Every eight years, standards for environmental Phase I reports are updated – and, typically, made more detailed and stringent. The standards were most recently updated in 2021, and the updated version was approved by the U.S....more

Foley & Lardner LLP

CPSC Finally Provides Regulatory Certainty on Clothing Storage Units

Foley & Lardner LLP on

On April 19, 2023, in a 3-to-1 vote, the Consumer Product Safety Commission (CPSC) determined that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopted it as...more

Husch Blackwell LLP

With a Push for Green, It Can Pay to Be Brown: Qualifying for the Inflation Reduction Act’s Brownfields Incentives and the...

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Thanks to the Inflation Reduction Act (IRA), which went into effect in January, it can pay to be a brownfield – a term used to refer to a property that is affected by potential or confirmed contamination. Specifically, the...more

Foley & Lardner LLP

IRS Releases Guidance on Energy Community Credit Adder

Foley & Lardner LLP on

On April 4, 2023, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) released Notice 2023-29 (the “Notice”) providing a high-level overview of the rules they intend to include in...more

(ACOEL) | American College of Environmental...

Is “All Appropriate Inquiries” Appropriate?

On December 22, 2022, EPA authorized use of the latest version of the ASTM standard for performing Phase 1 environmental site investigations—E1527-21, as an option for satisfying Superfund’s all appropriate inquiries (AAI)...more

Miller Nash LLP

EPA Approves the Use of ASTM E1527-21 for the All Appropriate Inquiries Requirement

Miller Nash LLP on

On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

Farrell Fritz, P.C. on

The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Seyfarth Shaw LLP

ASTM E1527-21 is Now in Effect

Seyfarth Shaw LLP on

Seyfarth Synopsis: ASTM 1527-21 is now in effect.  The ASTM Standard for Phase I Environmental Site Assessments is evaluated every eight years.  The most recent update, ASTM E1527 – 21, approved by the United States...more

Foley & Lardner LLP

Why You Should Pay Attention to the Revised, Broadened ASTM Standard for Phase I Environmental Assessments

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On December 15, 2022, the United States Environmental Protection Agency (EPA) published a notice of a Final Rule approving the use of a new American Society for Testing & Materials (ASTM) standard for conducting Phase I...more

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