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
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
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
For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more
Join Ulmer for a Live Webinar on the New Phase I ESA Standard and Solving Environmental Problems During Real Estate Transactions - The American Society for Testing Materials (ASTM) released an update last November to the...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
When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that is worth a pound of cure. Phase I Environmental Site Assessments (“Phase I ESA”) are a routine due...more
Environmental risks are inherent in the transfer of real property. Phase I Environmental Site Assessments are an effective risk mitigation tool, but only if prepared in accordance with the current ASTM Standard E1527. This...more
Standard due diligence practices may not necessarily identify all the potential liabilities associated with the rapidly evolving field of vapor intrusion. ...more
EPA recently issued a guidance document (the “Guidance”) that supersedes and clarifies its 2003 guidance on what prospective purchasers of real estate must do to qualify for one of CERCLA’s three landowner liability...more
March 18, 2019 Welcome to Pullman & Comley's Real Estate Newsletter, Groundbreaking News. Written by our team of attorneys, you'll find articles that highlight hot topics and developments spaning the fields of real estate,...more