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EPA Announces Final Rule Eliminating ASTM Phase I ESA Standard E1527-05 from CERCLA “All Appropriate Inquiries Rule”

On October 6, 2014, the EPA announced a final rule amending the “All Appropriate Inquiries Rule” [40 CFR Part 312] (“AAI Rule”) for conducting environmental site investigations of potentially contaminated property....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

What Due Diligence is Due?

EPA answered the question in 2006 when it outlined All Appropriate Inquiry (AAI) in response to CERCLA revisions that made new defenses available to some categories of landowners. In its AAI Rule, EPA accepted ASTM Standard...more

DOGGR Delays Release of Draft Fracking Rules Pending Possible Instruction from Lawmakers

At a conference in Los Angeles at the end of July, the chair of the State Water Resources Control Board (SWRCB), Felicia Marcus, noted that the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources...more

Mississippi v. EPA: Support of the Clean Air Science Advisory Committee is Not Necessary to Affirm EPA’s NAAQS

On Tuesday, in Mississippi v. EPA, the Court of Appeals for the D.C. Circuit affirmed EPA’s 2008 NAAQS for ozone of 0.075 ppm. However, it remanded EPA’s decision to set the secondary NAAQS, for public welfare, at the same...more

California Environmental Law and Policy Update - January 10, 2013

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

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