Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more
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
On May 8, 2024, the United States Environmental Protection Agency (“EPA”) published its final rule designating two types of per- and polyfluoroalkyl substances (“PFAS”) — specifically, perfluorooctanoic acid (“PFOA”) and...more
On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more
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
On December 15, 2022, the United States Environmental Protection Agency (EPA) amended its All Appropriate Inquiries Rule, publishing a final rule that incorporates an updated Phase I Environmental Site Assessment standard...more
On December 15, 2022, the United States Environmental Protection Agency (USEPA) published the final amendment to the All Appropriate Inquiry Rule (40 CFR Part 312) (AAI Rule) that establishes the environmental due diligence...more
On December 15, 2022, U.S. EPA issued its final rule adopting the ASTM E1527-21 standard for Phase I environmental site assessments as meeting the All Appropriate Inquiries (AAI) requirement to qualify for new owner and...more
On March 14, 2022, the U.S. Environmental Protection Agency issued a direct final rule approving the American Society for Testing and Materials (ASTM) International Standard E1527-21 for Phase I environmental site assessments...more
First established back in 1993, Phase I Environmental Site Assessments have become a ubiquitous component of environmental due diligence supporting most commercial and industrial real estate transactions in the United States....more
In November 2021, ASTM International published a new technical standard for the Phase I environmental site assessment (ESA) process – E1527-21. The new E1527-21 largely mirrors the previous E1527-13 ASTM standard, adopted in...more
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more
Every eight years, ASTM International's standard-setting committees are required to reevaluate existing ASTM standards. The ASTM E1527-13 Standard Practice on Phase I Environmental Site Assessments (ESAs) is required to be...more