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Environmental Protection Agency (EPA) Due Diligence 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

Holland & Knight LLP

EPA Designates 2 PFAS Compounds as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

McGlinchey Stafford

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

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On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Harris Beach PLLC

EPA Finalizes All Appropriate Inquiries Rule

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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

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Brooks Pierce

Risk and Reward: Environmental Issues in Real Estate Development

Brooks Pierce on

Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to...more

Harris Beach PLLC

U.S. Environmental Protection Agency Approves New Standard for Phase I Environmental Site Assessments

Harris Beach PLLC on

In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21 as an additional standard meeting the all appropriate inquiry (AAI) component for...more

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

Woods Rogers on

On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s...more

BCLP

PFAS Update: Significant Expansion of PFAS Regulation Under RCRA

BCLP on

In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more

Clark Hill PLC

The Phase 1-2 Punch: Seventh Circuit Affirms Strict Enforcement of All Appropriate Inquiries (AAI) and ASTM Issues Revised...

Clark Hill PLC on

At the same time that Federal courts are strictly enforcing the requirements for All Appropriate Inquiries, ASTM International (“ASTM”) has issued additional, potentially challenging revisions to the E1527 Standard Practice...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Underground Storage Tank Compendium/Correspondence: ASTM Visual Sump Pump Test Standard...

The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more

Moore & Van Allen PLLC

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

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Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more

Arnall Golden Gregory LLP

EPA Updates Due Diligence Standard under Superfund for Large Tracts of Land

EPA published notice in the Federal Register on June 20, 2017, updating the “All Appropriate Inquiry Rule” for forestland and rural property. A purchaser or a tenant must demonstrate that it has performed All Appropriate...more

Farella Braun + Martel LLP

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Williams Mullen

Williams Mullen Construction Industry Newsletter - Spring 2016

Williams Mullen on

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

Faegre Drinker Biddle & Reath LLP

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

Shumaker, Loop & Kendrick, LLP

Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes...more

Tucker Arensberg, P.C.

EPA Endorses Upgraded All Appropriate Inquiry Standard

Tucker Arensberg, P.C. on

Buyers of real estate and their lenders are familiar with the Phase I Environmental Site Assessment. Originally developed in the 1980s in response to the CERCLA statute, the Phase I protocol has been refined over the years. ...more

Snell & Wilmer

The EPA Approves New Environmental Due Diligence Standard

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On December 30, 2013, the United States Environmental Protection Agency (EPA) issued its final rulemaking recognizing the newly amended ASTM standard practice for Phase 1 Environmental Site Assessments, E 1527-13 as...more

Bilzin Sumberg

New Standard Will Help Clarify Environmental Conditions For Homebuilders

Bilzin Sumberg on

When you are buying raw land to build homes, you need to know what you are buying. A 100-acre tract of farmland may look pristine to the untrained eye, but an environmental professional may discover a leaking underground...more

Akerman LLP

Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

Akerman LLP on

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I...more

Proskauer Rose LLP

US EPA Approves New Standard for Conducting Phase I Environmental Site Assessments

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The United States Environmental Protection Agency (EPA) recently issued its final rule amending the standards and practices for conducting environmental "all appropriate inquiries" to include a new standard recently made...more

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