News & Analysis as of

Environmental Protection Agency (EPA) Due Diligence

Baker Botts L.L.P.

EPA Extends TSCA PFAS Reporting Deadline

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On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule announcing an 8-month extension to the PFAS reporting deadline under the Toxic Substances Control Act...more

Shipman & Goodwin LLP

Required Historical PFAS Reporting Poses Risks Going Forward

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The U.S. Environmental Protection Agency recently established a one-time per- and polyfluoroalkyl substances reporting rule pursuant to the federal Toxic Substances Control Act. Pursuant to the rule, most companies that...more

Allen Matkins

Single ASTM Standard For Phase I ESAs For Commercial and Industrial Properties - 2024 Land Use, Environmental & Natural Resources...

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Effective February 13, 2024, prospective purchasers and ground tenants of commercial and industrial property seeking liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act...more

Holland & Knight LLP

EPA Designates 2 PFAS Compounds as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

McGlinchey Stafford

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

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On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Wiley Rein LLP

PFAS Reporting on the Rise in the United States

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Many companies that were unaffected by Per- and Polyfluoroalkyl Substances (PFAS) reporting obligations will likely have to comply with the new reporting obligations illustrated in the Figure below. Just last week, the U.S....more

Pierce Atwood LLP

EPA Finalizes PFAS Reporting Rule

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The Environmental Protection Agency (EPA) today published in the Federal Register its final rule establishing reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances...more

BCLP

EPA Publishes Extensive PFAS Chemical Reporting Rule With Wide-ranging Impacts

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On September 28, 2023, the United States Environmental Protection Agency (“EPA”) issued a pre-publication rule for reporting and recordkeeping requirements regarding per- and polyfluoroalkyl substances (“PFAS”) under the...more

Husch Blackwell LLP

Buyer Beware: Environmental Attributes Diligence in Biofuel Company Acquisitions

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Like any acquisition, the purchase of a biofuels company should involve substantial due diligence so the buyer can best determine the value of the target’s assets and liabilities, assess the risks associated with its business...more

Harris Beach PLLC

EPA Finalizes All Appropriate Inquiries Rule

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ASTM E1527-21 to Replace ASTM E1527-13 - On December 15, 2022, U.S. EPA published in the Federal Register its final rule updating its AAI Rule, recognizing ASTM E1527-21 as a method for meeting the AAI requirements for...more

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

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On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Brooks Pierce

Risk and Reward: Environmental Issues in Real Estate Development

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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

Harris Beach PLLC

U.S. Environmental Protection Agency Approves New Standard for Phase I Environmental Site Assessments

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In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21 as an additional standard meeting the all appropriate inquiry (AAI) component for...more

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

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On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s...more

BCLP

PFAS Update: Significant Expansion of PFAS Regulation Under RCRA

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In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more

Clark Hill PLC

The Phase 1-2 Punch: Seventh Circuit Affirms Strict Enforcement of All Appropriate Inquiries (AAI) and ASTM Issues Revised...

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At the same time that Federal courts are strictly enforcing the requirements for All Appropriate Inquiries, ASTM International (“ASTM”) has issued additional, potentially challenging revisions to the E1527 Standard Practice...more

Snell & Wilmer

Changes Coming Soon to a Due Diligence Project Near You!

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Changes are on the way for ASTM’s Phase I Environmental Site Assessment (“Phase I”) standard, the almost 30-year-old lynchpin of the transactional due diligence process. The American Society for Testing and Materials (“ASTM”)...more

BCLP

Addressing Climate Change in Due Diligence for Real Estate Transactions

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Climate change is expected to have a significant impact on existing real estate. According to a government assessment, by 2050 up to $106 billion of United States real estate will be below sea level....more

Miller Canfield

Environmental Due Diligence in Real Estate Transactions During the COVID-19 Crisis

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COVID-19 and Baseline Environmental Assessment Timing - Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental...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

BCLP

Why Should You Care About PFAS?

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Both Congress and United States Environmental Protection Agency (“USEPA”) are working to address what some call a “PFAS contamination crisis.” Enforcement actions and lawsuits have so far focused on the companies that have...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

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