By Jeryl L. Olson, Rebecca A. Davis, Patrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: The ASTM is in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.
A Phase I Environmental Site Assessment is a report, following ASTM Standards, that identifies recognized
Continue Reading Revision to ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen
The U.S. Environmental Protection Agency is modernizing its self-disclosure policy, commonly known as the Audit Policy, through a centralized “eDisclosure Portal” to receive and automatically process self-disclosed civil violations of environmental laws. 80 Fed. Reg. 76476 (December 9, 2015).
The new Portal will serve as
Continue Reading EPA Modernizes the Audit Policy
By Jeryl L. Olson and Craig B. Simonsen
In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion.
First, it announced it had submitted a draft rule to the White House OMB seeking to add vapor intrusion to the pathways evaluated under the Hazard Ranking Scoring (HRS) System for
Continue Reading EPA Takes Positions on Vapor Intrusion
By Andrew H. Perellis, Jeryl L. Olson, and Ilana R. Morady
On October 6, 2014, EPA finalized an amendment to the “All Appropriate Inquiries” (AAI) rule to remove the reference to ASTM E-1527-05. 79 Fed. Reg. 60087. This means that ASTM E-1527-05 is no longer adequate to establish landowner and lender liability protections under CERLA. Buyers, sellers,
Continue Reading EPA Finalizes Change to All Appropriate Inquiry Rule: ASTM E-1527-05 Does Not Establish CERCLA Defenses Anymore
Many attorneys on the business and legal sides of transactions involving the transfer of real property have developed working knowledge of the primary purposes of performing Phase I environmental due diligence: (1) gain information on the environmental conditions of a property; (2) establish defenses to CERCLA liability; (3) secure lending; and (4) secure insurance.
Many attorneys are also generally familiar
Continue Reading Environmental Due Diligence: Basics For Real Estate Attorneys — Part I: What is a REC, Anyway?
By Andrew H. Perellis, Philip L. Comella, and Craig B. Simonsen
Speaking of the U.S. EPA’s draft guidance addressing vapor intrusion at contaminated sites, Mathy Stanislaus, the Agency’s Assistant Administrator for Solid Waste and Emergency Response, recently told BNA Bloomberg that “my plan is to get this out this year.”
The Agency published its original notice in November 2002,
Continue Reading EPA to Issue Its Final Vapor Intrusion Guidance in 2014?
In this webinar, Seyfarth Shaw’s environmental group will distill the universe of environmental concerns in business transactions down to the top ten issues that practitioners should be aware of and think through.
Business transactions occur against an evolving landscape of changing environmental laws and rules. Many deals go forward, however, with boilerplate environmental clauses, imprecise definitions of key terms, incomplete
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In follow-up to our August 16, 2013, blog regarding the EPA’s Direct Final Rule installing the new ASTM E1527-13 as an alternative, updated process for conducting Phase I environmental due diligence, it should be noted the Agency has indicated (in an email to BNA reporter Pat Ware) that it will WITHDRAW that rule. 78 Fed. Reg.
Continue Reading EPA Withdraws Its Approval of Updated ASTM Standard for Environmental Due Diligence
NOTE: This blog has been updated with a more recent blog.
The U.S. EPA has published its approval of the updated ASTM Standard that is the basis for the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) affirmative defenses. Amendment to Standards and Practices for All Appropriate Inquiries, 78 Fed. Reg. 49690 (August 15, 2013).
Continue Reading EPA (Finally) Updates ASTM Standard for Environmental Due Diligence
By Alison Boyer
In a One Minute Memo Seyfarth Shaw reviews the new procedure for evaluating and managing environmental risks for Small Business Administration loans.
The SBA has consolidated the procedures for administering “regular servicing” 7(a) loans and those deemed to have “liquidation” status in Standard Operating Procedure (SOP) 50 57 “7(a) Loan Servicing and Liquidation” (SOP 50 57) which
Continue Reading New Procedure for Evaluating and Managing Environmental Risks for SBA Loans