News & Analysis as of

PFAS Comprehensive Environmental Response, Compensation and Liability Act Environmental Site Assessment

Shipman & Goodwin LLP

PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail

Shipman & Goodwin LLP on

Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to...more

Ward and Smith, P.A.

From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

Ward and Smith, P.A. on

Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more

McGlinchey Stafford

PFAS as CERCLA Hazardous Substances: Impact on Commercial Real Estate Transactions

McGlinchey Stafford on

On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...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

Farella Braun + Martel LLP

“All Appropriate Inquiries” Will Need to Consider PFOA and PFOS for Property Acquisitions Closing on or After July 8, 2024

On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. The designation of these two PFAS...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

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

McGlinchey Stafford

EPA Test Methods 1633 and 1621 Shape Future of PFAS Management

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) finalized Test Methods 1633 and 1621, environmental sampling methods for analyzing up to 40 target per- and polyfluoroalkyl substances (PFAS) in soil, groundwater, and other...more

Fox Rothschild LLP

Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA

Fox Rothschild LLP on

We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and...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

Allen Matkins

2023 Land Use, Environmental, & Natural Resources Update

Allen Matkins on

In last year’s update, we provided an overview of federal and California regulatory actions designed to protect public health and the environment from the impacts of per- and polyfluoroalkyl substances (PFAS). These actions...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

Greenberg Glusker LLP

“Much left unsaid” – A Primer on Environmental Due Diligence for Real Estate Transactions

Greenberg Glusker LLP on

Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...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

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

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

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

Dickinson Wright

U.S. EPA Adopts ASTM 2021 Phase I Standard for Parties Seeking New Owner/Operator Liability Defenses under CERCLA

Dickinson Wright on

On December 15, 2022, U.S. EPA issued its final rule adopting the ASTM E1527-21 standard for Phase I environmental site assessments as meeting the All Appropriate Inquiries (AAI) requirement to qualify for new owner and...more

King & Spalding

M&A, Real Estate and Other Transactions

King & Spalding on

While sophisticated transaction parties have been aware for some time of the need to evaluate potential liabilities associated with PFAS compounds, EPA’s proposal to designate PFOS and PFOA as hazardous substances under...more

BCLP

PFAS and your business: Identifying and investigating PFAS impacts

BCLP on

Most businesses understand the need to conduct environmental due diligence when buying or selling real estate, but many businesses may not have a good understanding of how to investigate and mitigate the potential risk posed...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

Husch Blackwell LLP

New ASTM E1527-21 Phase I ESA Standard Stuck in Limbo

Husch Blackwell LLP on

The long-anticipated new ASTM standard concerning Phase I environmental site assessments (ESAs), which was finally expected to go into effect mid-May, is in limbo while the U.S. Environmental Protection Agency (EPA) considers...more

King & Spalding

EPA Announces Three Clean Water Actions In April 2022

King & Spalding on

Last month, EPA made three PFAS/Clean Water Act-related announcements. First, EPA issued proposed draft Clean Water Act aquatic life criteria for PFOA and PFOS. The proposed draft includes the most up-to-date scientific...more

Arnall Golden Gregory LLP

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more

Lippes Mathias LLP

EPA Ushers in New ASTM Phase I ESA Standards

Lippes Mathias LLP on

On March 14, 2022, the U.S. Environmental Protection Agency issued a direct final rule approving the American Society for Testing and Materials (ASTM) International Standard E1527-21 for Phase I environmental site assessments...more

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