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Environmental Policies Comprehensive Environmental Response, Compensation and Liability Act Environmental Assessments

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

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

Seyfarth Shaw LLP

Revision to ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process

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Seyfarth Synopsis: The ASTM is in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process....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

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

Pillsbury Winthrop Shaw Pittman LLP

Practical Tips for Managing Environmental Issues During the Coronavirus Pandemic

Due diligence and compliance challenges require flexible approaches and creative solutions. The COVID-19 pandemic is impeding the ability of businesses to perform transactional environmental due diligence and usual...more

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

Managing Arkansas Environmental Issues in the Lending/Foreclosure Process: October 9th Arkansas Bankers Association Mega...

I undertook a presentation at the Arkansas Bankers Association Mega Conference titled: Managing Arkansas Environmental Issues in the Lending/Foreclosure Process ...more

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

Managing Arkansas Environmental Issues in the Lending/Foreclosure Process: September 26th Arkansas Bankers Association...

I undertook a presentation at the September 26th Arkansas Bankers Association Mega Conference (“Conference”) in Little Rock, Arkansas titled: Managing Arkansas Environmental Issues in the Lending/Foreclosure Process...more

Nossaman LLP

Interior Issues Advanced Notice of Proposed Rulemaking on NRDAR Regulations

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On August 27, 2018, the Department of the Interior (Interior) issued a 60-day advance notice of a proposed rulemaking that would overhaul its regulations for conducting natural resource damage assessments and restoration...more

Robinson+Cole Manufacturing Law Blog

Aerial Emissions Are Not “Disposal” Under CERCLA

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more

Partridge Snow & Hahn LLP

New Standard for Environmental Assessments Gaining Traction

The American Society for Testing and Materials ("ASTM") standard for Environmental Assessments was revised in 2013 for the first time since 2005. The Department of Housing and Urban Development has now adopted the updated...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

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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

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

Levenfeld Pearlstein, LLC

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

Pillsbury Winthrop Shaw Pittman LLP

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

Williams Mullen

EPA Issues Final Rule Adopting New ASTM Phase I Standard

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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

Holland & Knight LLP

New ASTM Standard for Phase I Environmental Site Assessments Includes Substantive Changes

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On November 6, 2013, ASTM International (ASTM) published a new Standard Practice for Phase I Environmental Site Assessments, known as ASTM E1527-13.1 The new ASTM standard includes a number of substantive revisions to the...more

K&L Gates LLP

EPA Authorizes New Standard for Phase I Environmental Site Assessments and “All Appropriate Inquiries”

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On August 15, 2013, the U.S. Environmental Protection Agency (“EPA") published an amendment to the All Appropriate Inquiries Rule that introduces a new industry standard for completing a Phase I Environmental Site Assessment...more

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