News & Analysis as of

Environmental Protection Agency (EPA) Due Diligence Environmental Site Assessment

Allen Matkins

Single ASTM Standard For Phase I ESAs For Commercial and Industrial Properties - 2024 Land Use, Environmental & Natural Resources...

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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

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more

Harris Beach PLLC

EPA Finalizes All Appropriate Inquiries Rule

Harris Beach PLLC on

ASTM E1527-21 to Replace ASTM E1527-13 - On December 15, 2022, U.S. EPA published in the Federal Register its final rule updating its AAI Rule, recognizing ASTM E1527-21 as a method for meeting the AAI requirements for...more

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Harris Beach PLLC

U.S. Environmental Protection Agency Approves New Standard for Phase I Environmental Site Assessments

Harris Beach PLLC on

In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-21 as an additional standard meeting the all appropriate inquiry (AAI) component for...more

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

Woods Rogers on

On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s...more

Snell & Wilmer

Changes Coming Soon to a Due Diligence Project Near You!

Snell & Wilmer on

Changes are on the way for ASTM’s Phase I Environmental Site Assessment (“Phase I”) standard, the almost 30-year-old lynchpin of the transactional due diligence process. The American Society for Testing and Materials (“ASTM”)...more

Moore & Van Allen PLLC

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

Moore & Van Allen PLLC on

Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more

Farella Braun + Martel LLP

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

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

Faegre Drinker Biddle & Reath LLP

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

Akerman LLP

Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

Akerman LLP on

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I...more

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