News & Analysis as of

ASTM

Farella Braun + Martel LLP

ASTM E1527–21 Is Now the Required ASTM Standard for All Appropriate Inquiries

As of February 13, 2024, ASTM E1527–21 is the required ASTM standard for All Appropriate Inquiries (AAI) in real estate transactions. Conducting AAI is required to establish the innocent landowner defense, as well as the bona...more

Maynard Nexsen

The Phase I Standard is Dead. Long Live the Phase I Standard.

Maynard Nexsen on

ASTM Standard E1527-13 died quietly on February 13, 2024, after a year of peaceful co-existence with its successor - ASTM Standard E1527-21. Both of the standards, which describe the methodology for conducting a Phase I...more

Wiley Rein LLP

Requirements for Consumer Products Containing Coin and Button Cells Expected to Phase in Soon

Wiley Rein LLP on

Deadlines for compliance with central elements of Reese’s Law are fast approaching. Many consumer products that use coin or button cell batteries will have to comply with the UL 4200A-2023 standard (and be tested to confirm...more

Husch Blackwell LLP

D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use

Husch Blackwell LLP on

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards...more

Environmental General Counsel PC

Evolving Standards for Due Diligence and Vapor Intrusion: Consider State Guidance and Policy

As regulation of vapor intrusion continues to evolve and escalate costs at contaminated sites, due diligence practices for vapor intrusion must also continue to evolve. Potential purchasers should consider supplementing a...more

Holland & Knight LLP

IRS Issues Updated Energy Community Bonus Guidance

Holland & Knight LLP on

The IRS on June 15, 2023, updated its energy community bonus guidance by issuing Notice 2023-45 and Notice 2023-47. The IRS also recently issued energy community bonus guidance in Notice 2023-29. (For a summary of Notice...more

Troutman Pepper

Treasury and IRS Release Additional Guidance on Energy Community Enhancements Under IRA

Troutman Pepper on

On June 15, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2023-45 and Notice 2023-47. Notice 2023-45 clarifies requirements for a brownfield site energy community safe harbor provided...more

Hinshaw & Culbertson LLP

U.S. EPA Publishes Final Rule Updating the Phase I Environmental Site Assessment Standard Under CERCLA

On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment...more

Stinson LLP

Minnesota Legislature Passes Historic Environmental Legislation

Stinson LLP on

The Minnesota Legislature has passed landmark environmental legislation with far-reaching consequences for regulated industries throughout the state. The bill provides approximately $1 billion in new spending for...more

BCLP

CPSC Publishes New Mandatory Standard for Clothing Storage Units

BCLP on

The U.S. Consumer Product Safety Commission last week published a final rule finding that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopting it as a...more

Allen Matkins

EPA Approves New ASTM Standard For Phase 1 Environmental Site Assessments

Allen Matkins on

Every eight years, standards for environmental Phase I reports are updated – and, typically, made more detailed and stringent. The standards were most recently updated in 2021, and the updated version was approved by the U.S....more

Foley & Lardner LLP

CPSC Finally Provides Regulatory Certainty on Clothing Storage Units

Foley & Lardner LLP on

On April 19, 2023, in a 3-to-1 vote, the Consumer Product Safety Commission (CPSC) determined that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopted it as...more

Husch Blackwell LLP

With a Push for Green, It Can Pay to Be Brown: Qualifying for the Inflation Reduction Act’s Brownfields Incentives and the...

Husch Blackwell LLP on

Thanks to the Inflation Reduction Act (IRA), which went into effect in January, it can pay to be a brownfield – a term used to refer to a property that is affected by potential or confirmed contamination. Specifically, the...more

Foley & Lardner LLP

IRS Releases Guidance on Energy Community Credit Adder

Foley & Lardner LLP on

On April 4, 2023, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) released Notice 2023-29 (the “Notice”) providing a high-level overview of the rules they intend to include in...more

(ACOEL) | American College of Environmental...

Is “All Appropriate Inquiries” Appropriate?

On December 22, 2022, EPA authorized use of the latest version of the ASTM standard for performing Phase 1 environmental site investigations—E1527-21, as an option for satisfying Superfund’s all appropriate inquiries (AAI)...more

Miller Nash LLP

EPA Approves the Use of ASTM E1527-21 for the All Appropriate Inquiries Requirement

Miller Nash LLP on

On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

Farrell Fritz, P.C. on

The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Seyfarth Shaw LLP

ASTM E1527-21 is Now in Effect

Seyfarth Shaw LLP on

Seyfarth Synopsis: ASTM 1527-21 is now in effect.  The ASTM Standard for Phase I Environmental Site Assessments is evaluated every eight years.  The most recent update, ASTM E1527 – 21, approved by the United States...more

Foley & Lardner LLP

Why You Should Pay Attention to the Revised, Broadened ASTM Standard for Phase I Environmental Assessments

Foley & Lardner LLP on

On December 15, 2022, the United States Environmental Protection Agency (EPA) published a notice of a Final Rule approving the use of a new American Society for Testing & Materials (ASTM) standard for conducting Phase I...more

Keating Muething & Klekamp PLL

New ASTM Standard Recognized by U.S. EPA for Phase I Reports

For transactions in 2023 and going forward, parties who purchase property will want to be aware of an update applicable to Phase I reports. By final rule issued on December 15, 2022, the U.S. Environmental Protection Agency...more

Amundsen Davis LLC

Forever Chemicals (PFAS) in Real Estate Transactions: Avoiding Forever Consequences

Amundsen Davis LLC on

What are PFAS and What’s the Big Deal? PFAS, short for per- and poly-fluoroalkyls substances are man-made chemicals used to make hundreds of products for home and industry use, ranging from stain proofing and waterproofing...more

Bilzin Sumberg

New EPA Standard for Environmental Site Assessment

Bilzin Sumberg on

On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”)....more

Ward and Smith, P.A.

Final(ly) Adoption by the US EPA of Revised Standards and Practices for All Appropriate Inquiries

Ward and Smith, P.A. on

The United States Environmental Protection Agency ("EPA") adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022.  The updated standard adds more refined investigation and...more

BCLP

Welcoming the New Year with EPA Revisions to the All Appropriate Inquiry Regulations

BCLP on

On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more

Miles & Stockbridge P.C.

With U.S. EPA’s Approval of ASTM E1527-21, a Revised Standard for Environmental Site Assessment Should Be Used

The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I...more

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