EPA Updates Rule for Site Assessments to Address the Innocent Landowner Defense

Burr & Forman
Contact

On October 6, 2014, the Environmental Protection Agency (“EPA”) adopted a final rule which will eventually eliminate one of the two recognized ASTM International standards to conduct environmental site assessments, which were designed  to comply with EPA’s “All Appropriate Inquires Rule” (“AAI”). Complying with the AAI rule is required to claim protection from CERCLA (Superfund) liability as a bona fide prospective purchaser, contiguous property owner, or innocent landowner.  Effective October 6, 2015, ASTM International’s Standard E1527-05 will not be recognized as complying with the AAI rule. The ASTM standard updated in 2013 (ASTM E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process) will be the recognized ASTM standard that will comply with the AAI Rule. Although the change does not become effective until October 6, 2015, it is advisable to follow the E1527-13 standard now.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Burr & Forman | Attorney Advertising

Written by:

Burr & Forman
Contact
more
less

Burr & Forman on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.