Comprehensive Environmental Response, Compensation and Liability Act

News & Analysis as of

Department of Housing and Urban Development Adopts Updated ASTM Standard

The U.S. Department of Housing and Urban Development (HUD) announced on April 16, 2014 that, effective May 16, 2014, it is adopting the recently updated Phase I Environmental Site Assessment (ESA) Standard, ASTM E1527-13. HUD...more

EPA Endorses Upgraded All Appropriate Inquiry Standard

Buyers of real estate and their lenders are familiar with the Phase I Environmental Site Assessment. Originally developed in the 1980s in response to the CERCLA statute, the Phase I protocol has been refined over the years. ...more

Time-Barred Claim . . . Or Is It? Supreme Court Agrees To Review Fourth Circuit State Statute of Repose Case

As reported on the Ogletree Deakins Environmental Law blog in July of 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or...more

The EPA Approves New Environmental Due Diligence Standard

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

New Standard Will Help Clarify Environmental Conditions For Homebuilders

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

Protect Your Investment: EPA Changes Standard To Qualify For Liability Safe-Harbors

In December 30, 2013, the EPA approved the use of a new ASTM Phase I environmental site assessment standard, E1527-13 (“2013 Standard”), in order to satisfy the CERCLA “all appropriate inquires” rule and qualify for certain...more

Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I...more

AAI Rules Amended Under CERCLA – Focus on Vapor and Records Review

Effective December 30, 2013, the EPA acted to amend the standards and practices for conducting all appropriate inquiries (“AAI”) to embrace an update to ASTM International standards, and to expressly bring vapor issues to the...more

Insurance Recovery Law - Jan 30, 2014

California Court Recognizes Named, Additional Insureds Have Different Expectations - Why it matters: While the holding sounds straightforward – the reasonable expectations of an additional insured about the...more

The New Environmental Due Diligence Standard Saga Continues

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

Members Seek Update to Comprehensive Environmental Response Compensation and Liability Act

On January 9, the U.S. House of Representatives passed H.R. 2279, the Reducing Excessive Deadline Obligations Act. The package, composed of three separate bills, seeks to modernize existing federal law and increase the role...more

The New ASTM Phase I Standard

On December 30, 2013, a new standard for Phase I Environmental Site Assessments (“Phase I”), known as E1527-13 Phase 1 Standard for Environmental Site Assessments (“2013 ASTM Standard”) was adopted by the Environmental...more

CERCLA Principles in Child Pornography Cases

Although one might not ordinarily think to associate child pornography and pollution, the two were linked at an oral argument yesterday before the United States Supreme Court. Specifically, in a child pornography case, the...more

Texas Environmental Update - January 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

The Emerging Non-Expansive View of CERCLA Liability: The Decline of Tanglewood East

The specter of environmental harm used to frighten courts and spawned a generation of decisions extending Superfund liability to virtually any party with a nexus to a site that was contaminated. One case that signaled just...more

US EPA Approves New Standard for Conducting Phase I Environmental Site Assessments

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

U.S. EPA Approves ASTM E1527-13 for Application to the All Appropriate Inquiry Rule

Effective December 30, 2013, the United States Environmental Protection Agency (EPA) has amended its “All Appropriate Inquiries” Rule (AAI Rule) to reference the recently published American Society for Testing and Materials...more

Revised Phase I Environmental Assessment Standard Issued

On November 6, 2013, ASTM International issued its revised Phase I Environmental Assessment Standard, E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” Perhaps...more

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

EPA Calls for New “Completion Strategies” at Contaminated Groundwater Sites

October 2013, the U.S. Environmental Protection Agency issued its draft “Groundwater Remedy Completion Strategy – Moving Forward with Completion in Mind,” which would establish a recommended strategy for an adaptive...more

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

EPA Recognizes New Standard for Phase I Environmental Site Assessments in Real Estate Transactions

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

Update: EPA’s Issues Final Rule on ASTM E1527-13 Standard for “All Appropriate Inquiries”

EPA reversal on continued acceptance of ASTM E1527-05 modifies rules for CERCLA defenses and redefines baseline for environmental diligence. On December 30, 2013, the US Environmental Protection Agency (EPA) published...more

Enforcing CERCLA’s Three Year Statute of Limitations for Removal Actions

Although courts are sometimes reluctant to enforce them, there really are hard stops in CERCLA, particularly the three year statute of limitations for recovery of costs incurred in a removal action. ...more

EPA Issues Final Rule Adopting New ASTM Phase I Standard

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

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