News & Analysis as of

EPA Endorses Upgraded All Appropriate Inquiry Standard

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

EPA Approves the New Phase I Standard

Many in the construction industry are familiar with Phase I testing as the first step in identifying environmental risk to any site. Since 2005, the industry standard for a Phase I has been the ASTM E 1527-05. Recently,...more

New EPA Standard Provides Guidance for Phase I Investigations

In a recent rulemaking, the Environmental Protection Agency (EPA) amended its “All Appropriate Inquiries Rule” (set forth in 40 CFR Part 312) to reference in the rule ASTM Standard E1527-13. ASTM Standard E1527-13 is the...more

The EPA Approves New Environmental Due Diligence Standard

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

New Standard Will Help Clarify Environmental Conditions For Homebuilders

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

Protect Your Investment: EPA Changes Standard To Qualify For Liability Safe-Harbors

In December 30, 2013, the EPA approved the use of a new ASTM Phase I environmental site assessment standard, E1527-13 (“2013 Standard”), in order to satisfy the CERCLA “all appropriate inquires” rule and qualify for certain...more

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

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

AAI Rules Amended Under CERCLA – Focus on Vapor and Records Review

Effective December 30, 2013, the EPA acted to amend the standards and practices for conducting all appropriate inquiries (“AAI”) to embrace an update to ASTM International standards, and to expressly bring vapor issues to the...more

The New ASTM Phase I Standard

On December 30, 2013, a new standard for Phase I Environmental Site Assessments (“Phase I”), known as E1527-13 Phase 1 Standard for Environmental Site Assessments (“2013 ASTM Standard”) was adopted by the Environmental...more

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

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

U.S. EPA Approves ASTM E1527-13 for Application to the All Appropriate Inquiry Rule

Effective December 30, 2013, the United States Environmental Protection Agency (EPA) has amended its “All Appropriate Inquiries” Rule (AAI Rule) to reference the recently published American Society for Testing and Materials...more

EPA Adds An Additional ASTM International Standard To “All Appropriate Inquiry” For Environmental Assessments

As stated in the Federal Register, effective December 30, 2013, the “All Appropriate Inquiry Rule,” found at 40 CFR Part 312.11 was amended to add as paragraph (c)- a reference to ASTM International’s E1527-13 “Standard...more

Revised Phase I Environmental Assessment Standard Issued

On November 6, 2013, ASTM International issued its revised Phase I Environmental Assessment Standard, E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” Perhaps...more

EPA Approves New Assessment Standards For CERCLA Bona Fide Prospective Purchaser Defense

On December 30, 2013, the United States Environmental Protection Agency (EPA) issued a final rule relating to the bona fide prospective purchaser defense to CERCLA. EPA has authorized prospective purchasers of real estate to...more

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

U.S. EPA Amends Its "All Appropriate Inquiries Rule" To Reference Updated Standards for Phase I Environmental Site Assessments

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) amended its All Appropriate Inquiries (AAI) Rule, codified in 40 CFR Part 312, to include a specific reference to the updated ASTM International Standard...more

EPA Recognizes New Standard for Phase I Environmental Site Assessments in Real Estate Transactions

Effective December 30, 2013, the Environmental Protection Agency (EPA) has amended its regulations for site assessments in real estate transactions to add a new standard, ASTM E1527-13, as satisfying the agency’s requirements...more

Update: EPA’s Issues Final Rule on ASTM E1527-13 Standard for “All Appropriate Inquiries”

EPA reversal on continued acceptance of ASTM E1527-05 modifies rules for CERCLA defenses and redefines baseline for environmental diligence. On December 30, 2013, the US Environmental Protection Agency (EPA) published...more

EPA Issues Final Rule Adopting New ASTM Phase I Standard

On December 30, 2013, EPA issued a final rule to amend its “All Appropriate Inquiries” Rule (AAI Rule) that sets forth the standards and practices for conducting all appropriate inquiries under the Comprehensive Environmental...more

ASTM Issues New Standard For Phase I Environmental Site Assessments

On November 6, 2013, ASTM revised its standard for conducting Phase I environmental site assessments, known as Standard E1527-13 (entitled “Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

EPA Announces Approval of New Phase I Environmental Site Assessment Standard

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) announced that, effective immediately, it was amending the rule impacting the type of due diligence necessary to avoid Superfund liability as a prospective...more

EPA Amends All Appropriate Inquiries Rule To Clarify Best Practices

The EPA has amended its "All Appropriate Inquiries" Rule (AAI Rule) to reference the recently published ASTM International E1527–13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment...more

EPA Adopts Updated Standards And Practices For Environmental Site Assessments; Forthcoming Proposed Rule Will No Longer Accept...

On December 30, 2013, EPA published a Final Rule providing that a prospective purchaser or tenant of contaminated property may use ASTM International’s recently updated version of its standard for environmental site...more

ASTM 1527-05 Is Dead (Almost). Long Live ASTM 1527-13

For those of you who were skiing or snorkeling (snorkeling in my case) and missed it, on December 30, EPA announced a direct final rule incorporating the new ASTM 1527-13 standard for site assessments into its all appropriate...more

New ASTM Environmental Site Assessment Standard

Many are familiar with the “Phase I Environmental Site Assessment Standard” issued by ASTM, used for satisfying “All Appropriate Inquiry” for environmental contamination. Last week, ASTM issued a revised standard, Phase I...more

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