News & Analysis as of

Environmental Protection Agency (EPA) ASTM Comprehensive Environmental Response, Compensation and Liability Act

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

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

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

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

Keating Muething & Klekamp PLL

New ASTM Standard Recognized by U.S. EPA for Phase I Reports

For transactions in 2023 and going forward, parties who purchase property will want to be aware of an update applicable to Phase I reports. By final rule issued on December 15, 2022, the U.S. Environmental Protection Agency...more

Bilzin Sumberg

New EPA Standard for Environmental Site Assessment

Bilzin Sumberg on

On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”)....more

Ward and Smith, P.A.

Final(ly) Adoption by the US EPA of Revised Standards and Practices for All Appropriate Inquiries

Ward and Smith, P.A. on

The United States Environmental Protection Agency ("EPA") adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022.  The updated standard adds more refined investigation and...more

BCLP

Welcoming the New Year with EPA Revisions to the All Appropriate Inquiry Regulations

BCLP on

On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more

Miles & Stockbridge P.C.

With U.S. EPA’s Approval of ASTM E1527-21, a Revised Standard for Environmental Site Assessment Should Be Used

The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I...more

UB Greensfelder LLP

EPA Announces New Phase I Environmental Site Assessment Standard Effective February 2023

UB Greensfelder LLP on

On December 15, 2022, the United States Environmental Protection Agency (EPA) amended its All Appropriate Inquiries Rule, publishing a final rule that incorporates an updated Phase I Environmental Site Assessment standard...more

Maron Marvel

U.S. EPA Issues Final Rule Updating Standards for All Appropriate Inquiries

Maron Marvel on

On December 15, 2022, EPA issued a final rule amending the All Appropriate Inquiries Rule (AAI Rule), 40 CFR part 312, to recognize the updated ASTM International standard for conducting Phase I environmental site assessments...more

Roetzel & Andress

EPA Approves New Standard For Phase I Environmental Site Assessments

Roetzel & Andress on

On December 14, U.S. EPA issued a final rule adopting ASTM Standard E1527-21 for conducting Phase I environmental site assessments. Real estate developers, lenders and investors, and all purchasers of commercial property...more

Bricker Graydon LLP

EPA amends rule which incorporates the new ASTM E1527-21 standard into its standards and practices for all appropriate inquiries

Bricker Graydon LLP on

On December 15, 2022, the U.S. EPA took final action to amend the Standards and Practices for All Appropriate Inquiries to reference ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I...more

Kilpatrick

EPA Amends the All Appropriate Inquiries Rule for Phase I Environmental Site Assessments

Kilpatrick on

On December 15, 2022, the EPA took final action to amend the Standards and Practices for All Appropriate Inquiries (“AAI”) to allow the use of the ASTM International revised standard. Specifically, the published final rule...more

King & Spalding

Focus on EPA

King & Spalding on

Over the past several weeks, there has been a significant level of EPA activity regarding PFAS, including: Proposed Rule on Enhanced PFAS Reporting Requirements for Toxics Release Inventory (“TRI”): On December 5, 2022...more

Nossaman LLP

U.S. EPA Updates “All Appropriate Inquiries” Rule Effective February 13, 2023

Nossaman LLP on

On December 15, 2022, the United States Environmental Protection Agency (EPA) published an amendment to the All Appropriate Inquiries Rule (AAI Rule), 40 C.F.R. part 312. The AAI Rule establishes standards and practices for...more

Beveridge & Diamond PC

EPA Amends All Appropriate Inquiries Standard for Phase I Environmental Site Assessments

Beveridge & Diamond PC on

Key Takeaways - • Effective February 13, 2023, parties may rely on ASTM E1527-21 to satisfy All Appropriate Inquiries (AAI) under the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42...more

Greenbaum, Rowe, Smith & Davis LLP

EPA Publishes Final Rule on Conducting Phase I Environmental Site Assessments

What You Need to Know- CERCLA requires prospective purchasers to conduct an “all appropriate inquiry” into the environmental conditions of a property to qualify for potential defenses to CERCLA liability. Typically, an...more

Harris Beach PLLC

EPA Finalizes All Appropriate Inquiries Rule

Harris Beach PLLC on

ASTM E1527-21 to Replace ASTM E1527-13 - On December 15, 2022, U.S. EPA published in the Federal Register its final rule updating its AAI Rule, recognizing ASTM E1527-21 as a method for meeting the AAI requirements for...more

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