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Environmental Assessments Contaminated Properties

Clark Hill PLC

EPA Changes Requirements For Bona Fide Prospective Purchaser To Conform With Updated ASTM E1527-21 Standard

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Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., as a strict liability statute holding owners in the chain of title liable...more

Katten Muchin Rosenman LLP

New ASTM Standard for Phase I Environmental Site Assessments Takes Legal Effect: What This Means for Scoping Due Diligence

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

Greenberg Glusker LLP

At Last - EPA Approves the New ASTM Phase I Environmental Site Assessment Standard

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On December 15, 2022, the United States Environmental Protection Agency (EPA) took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments. As previously noted, ASTM...more

Woods Rogers

They’re Back! DEQ to Resume Issuance of Landowner Liability Comfort Letters

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Virginia’s Department of Environmental Quality (“VDEQ”) announced via its email newsletter that it will resume issuance of Bona Fide Prospective Purchase (“BFPP”) and other “Comfort Letters” beginning September 1, 2022. This...more

Goulston & Storrs PC

After EPA Rule Changes, Which ASTM Phase I ESA Standard Should You Use?

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On November 1, 2021, ASTM International released its revised standard for Phase I Environmental Site Assessments. On March 14, 2022, the U.S. Environmental Protection Agency (the “EPA”) published a Direct Final Rule that...more

Akerman LLP

Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

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The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more...more

Miles & Stockbridge P.C.

Environmental Due Diligence Requires Reporting of Oil Contamination to the Maryland Department of the Environment

In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical...more

Blake, Cassels & Graydon LLP

Part 2: Western Canada Environmental Update

With Canada’s environmental laws rapidly changing, staying up to date on legislative changes and potential pitfalls is vital for businesses. From emissions regulations to ESG reporting requirements, the more you know and are...more

Goulston & Storrs PC

Revised Phase I ESA Standard Released by ASTM

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ASTM International released its revised standard for Phase I Environmental Site Assessments on November 1, 2021. The new standard (ASTM E1527-21) updates the 2013 version of the standard (ASTM E1527-13), which is widely used...more

Seyfarth Shaw LLP

Updated ASTM Standard for Phase I Environmental Site Assessments Just Released

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Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

Williams Mullen

Can You Resuscitate an Elderly Phase I?

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As an environmental practitioner, I am often asked to review Phase I environmental site assessments. The majority of Phase Is are prepared by a prospective purchaser or lessee of real property seeking to secure bona fide...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About - Part 1

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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

Holland & Knight LLP

ASTM's Proposed Definition of CREC May Jeopardize Landowner Liability Protections Under CERCLA

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ASTM International (ASTM) has proposed redefining a Controlled Recognized Environmental Condition (CREC). The ASTM's definition, as drafted, confuses risk-based decision-making with the implementation of institutional...more

Environmental General Counsel PC

Vapor Intrusion: Closing the Gaps in Due Diligence

Standard due diligence practices may not necessarily identify all the potential liabilities associated with the rapidly evolving field of vapor intrusion. ...more

Environmental General Counsel PC

The Current Status of California’s Vapor Intrusion Guidance

By Laurie Berger (May 28, 2020) In February of this year, three California regulatory agencies released the much-anticipated draft guidance for the investigation of vapor intrusion, “Supplemental Guidance: Screening and...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Morgan Lewis

US Supreme Court Allows State Law Restoration Claims Seeking Expanded Cleanup of Superfund Site

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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

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

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

Superfund Site Assessment Program Toolbox: ASTSWMO Site Assessment Focus Group Report

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

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

Metal Parts Electroplating Facility: Arkansas Department Of Environmental Quality and Nashville, Arkansas Facility Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jan-Eze Plating Corporation (“JPC”) entered into an April 18th Elective Site Clean-Up Agreement (“ESCA”) See LIS 19-037. The ESCA addresses JPC’s metal parts...more

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

Environmental Assessment/Engineering Firm: Massachusetts Appellate Court Addresses Application of Statute of Limitations to...

he Appeals Court of Massachusetts (“Appellate Court”) addressed in an April 12th opinion whether a malpractice action against a former engineering firm and its owner was barred by the statute of limitations. See Cedar Crest...more

Seyfarth Shaw LLP

Trump Administration Superfund Related Activities

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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

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

Bilzin Sumberg

Golf Course Redevelopment: What You Need to Know

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As buildable land becomes increasingly scarce, many single-family developers are looking at current and former golf courses as prime sites for redevelopment. What makes golf courses so appealing in this regard? Originally...more

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

Former Slidell, Louisiana Superfund Site: U.S. Environmental Protection Agency Recognizes Excellence in Reuse

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

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