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
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
