News & Analysis as of

PFAS ASTM Environmental Site Assessment

Holland & Knight LLP

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

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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

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

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

Lathrop GPM on

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

Allen Matkins

EPA Approves New ASTM Standard For Phase 1 Environmental Site Assessments

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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

Miller Nash LLP

EPA Approves the Use of ASTM E1527-21 for the All Appropriate Inquiries Requirement

Miller Nash LLP on

On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM...more

Bilzin Sumberg

New EPA Standard for Environmental Site Assessment

Bilzin Sumberg on

On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”)....more

BCLP

Welcoming the New Year with EPA Revisions to the All Appropriate Inquiry Regulations

BCLP on

On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more

UB Greensfelder LLP

EPA Announces New Phase I Environmental Site Assessment Standard Effective February 2023

UB Greensfelder LLP on

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

Roetzel & Andress

EPA Approves New Standard For Phase I Environmental Site Assessments

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On December 14, U.S. EPA issued a final rule adopting ASTM Standard E1527-21 for conducting Phase I environmental site assessments. Real estate developers, lenders and investors, and all purchasers of commercial property...more

Dickinson Wright

U.S. EPA Adopts ASTM 2021 Phase I Standard for Parties Seeking New Owner/Operator Liability Defenses under CERCLA

Dickinson Wright on

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

Husch Blackwell LLP

New ASTM E1527-21 Phase I ESA Standard Stuck in Limbo

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The long-anticipated new ASTM standard concerning Phase I environmental site assessments (ESAs), which was finally expected to go into effect mid-May, is in limbo while the U.S. Environmental Protection Agency (EPA) considers...more

King & Spalding

EPA Announces Three Clean Water Actions In April 2022

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Last month, EPA made three PFAS/Clean Water Act-related announcements. First, EPA issued proposed draft Clean Water Act aquatic life criteria for PFOA and PFOS. The proposed draft includes the most up-to-date scientific...more

Arnall Golden Gregory LLP

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

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

Lippes Mathias LLP

EPA Ushers in New ASTM Phase I ESA Standards

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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

Mintz

The United States Chamber of Commerce likely delayed EPA's adoption of the 2021 ASTM standard for site assessments but that...

Mintz on

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

McGlinchey Stafford

ASTM’s 2021 Standard Soon to be Referenced in EPA’s All Appropriate Inquiries (AAI) Rule

McGlinchey Stafford on

In November, 2021, the American Standard for Testing and Materials (ASTM) published its E1527-21 (-21 Standard), its 2021 update to its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

King & Spalding

EPA Moves to Adopt ASTM’s New Phase I Standard for Site Assessments

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In another update to a past newsletter issue, we previously highlighted that ASTM International (ASTM) revised its Standard Practice for Phase I Environmental Site Assessments (Phase I) to address PFAS as a “non-scope”...more

Buchalter

Update: EPA Takes Fast-track to Adopt New Phase I Environmental Site Assessment Standard

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UPDATE: At the time Buchalter published its client alert regarding the new ASTM Standard for Phase I Environmental Site Assessments (Phase I ESAs), we noted that the new ASTM Standard would not be considered “All Appropriate...more

Allen Matkins

New Standard for Phase I Environmental Site Assessments

Allen Matkins on

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

Downey Brand LLP

New Phase I Environmental Site Assessment Standard Makes Strides Towards Addressing Regulatory Uncertainty Associated With...

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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

King & Spalding

ASTM Addresses PFAS in its Standard Practice for Phase I Environmental Site Assessments

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The standards entity ASTM International revised its Standard Practice for Phase I Environmental Site Assessments to address PFAS—changes which took effect on January 1, 2022. These assessments are used to evaluate real...more

Lowenstein Sandler LLP

American Society for Testing and Materials Adds PFAS Guidance to Phase I Due Diligence Standard

On November 1, 2021, the American Society for Testing and Materials (ASTM) approved changes to its Phase I Environmental Site Assessment (ESA) standard to include guidance on when per- and polyfluoroalkyl substances (PFAS)...more

Latham & Watkins LLP

Treatment of PFAS Under New Phase I Environmental Site Assessment Standards Highlights Transactional Risk

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A revised standard highlights the need for parties to consider non-scope considerations when conducting environmental assessments for transactions. By Kegan A. Brown, David S. Langer, Thomas C. Pearce, and G. Jack Mathews...more

Holland & Knight LLP

ASTM Proposes Changes to Phase I ESA Standard (E1527)

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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

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