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
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 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
Inside EPA reports that the United States Chamber of Commerce has objected to the inclusion of the forever chemicals known collectively as PFAS in the 2021 ASTM standard for Environmental Site Assessments that EPA was...more
Given the current demand for downtown properties, borrowers are acquiring contaminated properties like never before. Against this backdrop, lenders should become familiar with the basics of environmental laws imposing...more
A recent federal court decision serves as a reminder how a lack of attention to seemingly administrative details can have significant legal consequences. Parties seeking to use a Phase I Environmental Site Assessment for...more
Despite last minute veto threats from the White House, the bipartisan Consolidated Appropriations Act of 2018 was signed into law earlier this year. Buried deep in this massive omnibus spending bill is a major win for...more
With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more
Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more
Step by step, inch by inch. Slowly but diligently, the U.S. Environmental Protection Agency has been working to clarify what standards and practices may be used for conducting “all appropriate inquiries” (AAI) under the...more