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Environmental Policies Environmental Protection Agency (EPA) Environmental Assessments

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Foley & Lardner LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

EPA Endorses New Standard for Phase I Environmental Site Assessments

After unexpected controversy earlier in the year, on December 15, 2022 the U.S. Environmental Protection Agency (EPA) issued a Final Rule unambiguously recognizing the ASTM International Standard E1527-21 for Phase I...more

Goldberg Segalla

New York State Passes Landmark Environmental Justice Legislation

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On the final day of 2022, New York Gov. Kathy Hochul signed into law the Cumulative Impacts Bill (CIB), which both houses of New York State’s legislature had passed eight months earlier in the year (language here: S.8830 and...more

Goulston & Storrs PC

After EPA Rule Changes, Which ASTM Phase I ESA Standard Should You Use?

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On November 1, 2021, ASTM International released its revised standard for Phase I Environmental Site Assessments. On March 14, 2022, the U.S. Environmental Protection Agency (the “EPA”) published a Direct Final Rule that...more

Akerman LLP

Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

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The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more...more

Brooks Pierce

Risk and Reward: Environmental Issues in Real Estate Development

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Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to...more

Seyfarth Shaw LLP

Revision to ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process

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Seyfarth Synopsis: The ASTM is in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process....more

Holland & Knight LLP

ASTM's Proposed Definition of CREC May Jeopardize Landowner Liability Protections Under CERCLA

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ASTM International (ASTM) has proposed redefining a Controlled Recognized Environmental Condition (CREC). The ASTM's definition, as drafted, confuses risk-based decision-making with the implementation of institutional...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #3

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EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Underground Storage Tank Compendium/Correspondence: ASTM Visual Sump Pump Test Standard...

The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more

Allen Matkins

California Environmental Law & Policy Update - February 2020

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Governor Newsom proposes new plan for San Joaquin River Delta - Governor Gavin Newsom revealed a novel approach Tuesday to managing the San Joaquin River Delta that would keep more water in the fragile delta while restoring...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Air Toxics Assessment: U.S. Environmental Protection Agency Releases Latest Results

The United States Environmental Protection Agency (“EPA”) announced the availability of the results of the most recent National Air Toxics Assessment (“NATA”). The NATA is the federal agency’s ongoing review of air toxics...more

Mitchell, Williams, Selig, Gates & Woodyard,...

SO2 National Ambient Air Quality Standard: May 15th U.S. Environmental Protection Agency Federal Register Notice Announcing...

The United States Environmental Protection Agency (“EPA”) in a May 15th Federal Register Notice announced the availability of two documents titled: Risk and Exposure Assessment for the Review of the Primary National...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nitrogen Dioxide/National Ambient Air Quality Standard: U.S. Environmental Protection Agency April 18th Federal Register Notice...

The United States Environmental Protection Agency (“EPA”) published an April 18th Federal Register Notice addressing the National Ambient Air Quality Standard ("NAAQS") for Nitrogen Dioxide(“NO2”). See 83 Fed. Reg. 17226. ...more

Robinson+Cole Manufacturing Law Blog

Superfund Reform May Be a Slow Go

As we previously reported, the current administration set out to make Superfund reform a priority. Shortly after taking over as EPA Administrator, Scott Pruitt convened a task force to provide recommendations for...more

Seyfarth Shaw LLP

EPA Task Force Report to Revitalize the Superfund Program

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Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned...more

Robinson+Cole Manufacturing Law Blog

Superfund Changes Afoot

Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place...more

Troutman Pepper

Significant Change to EPA’s “All Appropriate Inquiry” Rule

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Performing a Phase I environmental site assessment has long been a routine, but integral part of the environmental due diligence in any transaction involving the acquisition of an interest in commercial and industrial real...more

Partridge Snow & Hahn LLP

New Standard for Environmental Assessments Gaining Traction

The American Society for Testing and Materials ("ASTM") standard for Environmental Assessments was revised in 2013 for the first time since 2005. The Department of Housing and Urban Development has now adopted the updated...more

Spilman Thomas & Battle, PLLC

EPA Approves the New Phase I Standard

Many in the construction industry are familiar with Phase I testing as the first step in identifying environmental risk to any site. Since 2005, the industry standard for a Phase I has been the ASTM E 1527-05. Recently,...more

Snell & Wilmer

New EPA Standard Provides Guidance for Phase I Investigations

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In a recent rulemaking, the Environmental Protection Agency (EPA) amended its “All Appropriate Inquiries Rule” (set forth in 40 CFR Part 312) to reference in the rule ASTM Standard E1527-13. ASTM Standard E1527-13 is the...more

Snell & Wilmer

The EPA Approves New Environmental Due Diligence Standard

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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

Bilzin Sumberg

New Standard Will Help Clarify Environmental Conditions For Homebuilders

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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

Davis Wright Tremaine LLP

EPA Issues Assessment of Bristol Bay and Large-Scale Mining

On January 15, the Environmental Protection Agency (“EPA”) issued its final Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska, concluding that large-scale mining in the region poses risks to...more

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