Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal...more
Earlier this month, EPA circulated a memorandum on “Strengthening Environmental Justice Through Cleanup Enforcement Actions.” It could significantly increase the volume of CERCLA enforcement actions. More importantly, if...more
With its imposition of strict, joint and several, and retroactive liability, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund statute, has raised...more
The US Supreme Court held that CERCLA does not preempt state law restoration claims by landowners who are potentially responsible parties, but clarifies that the Environmental Protection Agency must approve landowners’...more
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
The Association of States and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a September 2019 report addressing certain Comprehensive Environmental Response, Compensation, and Liability Act (i.e., Superfund)...more
Seyfarth Synopsis: Under the Trump Administration, the U.S. Environmental Protection Agency (EPA) has fully or partially deleted 22 sites from the Comprehensive Environmental Response, Compensation, and Liability Act...more
The United States Environmental Protection Agency (“EPA”) announced in a May 18th news release that the City of Slidell, Louisiana, (“Slidell”) was recognized for its reuse of a federal Comprehensive Environmental Response,...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more
The Subcommittee on Environment of the United States House Energy and Commerce Committee has scheduled a hearing addressing the federal Comprehensive Environmental Response, Compensation, and Liability Act or Superfund...more
The United States Environmental Protection Agency (“EPA”) announced in a January 8th news release that it is awarding $71,430 to the Arkansas Department of Environmental Quality (“ADEQ”). The award is stated to be provided...more
The Chairman and two Subcommittee Chairmen from the United States House of Representatives Committee on Energy and Commerce (“Committee”) addressed a December 21st letter to Administrator Scott Pruitt of the United States...more
The United States Environmental Protection Agency (“EPA”) issued a December 8th news release identifying 21 sites that it has targeted for what it describes as “immediate and intense action.” No Arkansas sites are found on...more
The proposed reforms seek to accelerate cleanup and reuse of sites to reduce risks, reduce costs, and hasten redevelopment....more
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
In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion. First, it announced it had submitted a draft rule to the White House OMB seeking to...more
To supplement our prior blog posts with respect to this issue, on December 30, 2013, the USEPA published a final rule (“Final Rule”) adopting the ASTM E1527-13 Standard Practice for Environmental Site Assessments, Phase I...more
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
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
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
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
On December 30, 2013, the U.S. Environmental Protection Agency (EPA) issued its final rule approving the use of ASTM International’s revised “Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more
The United States Environmental Protection Agency issued a final rule on December 30, 2013, endorsing ASTM E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” as an...more