By Jeryl L. Olson and Craig B. Simonsen

Power Lines and Pulp Mill PollutionIn 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

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

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

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Speaking of the U.S. EPA’s draft guidance addressing vapor intrusion at contaminated sites, Mathy Stanislaus, the Agency’s Assistant Administrator for Solid Waste and Emergency Response, recently told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

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

By Jeryl L. Olson

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

NOTE: This blog has been updated with a more recent blog.

By Jeryl L. Olson

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.

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