By Rebecca A. Davis and Jeryl L. Olson
Seyfarth Synopsis: ASTM 1527-21 is now in effect. The ASTM Standard for Phase I Environmental Site Assessments is evaluated every eight years. The most recent update, ASTM E1527 – 21, approved by the United States Environmental Protection Agency (EPA) on December 15, 2022, is now in effect.
On December 15, 2022
Continue Reading ASTM E1527-21 is Now in EffectBy Jeryl L. Olson, Rebecca A. Davis, Ilana R. Morady, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The ASTM Standard
Continue Reading Updated ASTM Standard for Phase I Environmental Site Assessments Just Released
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 Andrew H. Perellis, Jeryl L. Olson, and Patrick D. Joyce
Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which the neighbors find inadequate, so the neighbors join together and sue in state court
Continue Reading SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining (HRM) facilities. 83 Fed. Reg. 7556 (Jan. 21, 2018).
EPA Administrator Scott Pruitt announced that “after
Continue Reading EPA Determines No Need for Additional Superfund Financial Responsibility Rules for Hardrock Mining Industry
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned and involved with what the Agency is doing relating to your interests.
Continue Reading EPA Task Force Report to Revitalize the Superfund Program
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 Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
The Fifth Circuit recently held that a seller of dry cleaning chemicals did not assume Superfund “arranger” liability by merely selling a useful but hazardous chemical with the intent that it be used by a dry cleaning business that then subsequently discharged the contaminant into ground water.
Continue Reading Court Finds that Sale of Hazardous Chemicals Isn’t Disposal Absent Intent to Dispose
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
By Andrew H. Perellis and Patrick D. Joyce
The Ninth Circuit Court of Appeals recently held that a district court must provide deeper scrutiny to Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et seq. (1980), consent decrees.
The August 1, 2014 decision in State of Arizona v. Ashton Company Inc. Contractors and Engineers, et al.,
Continue Reading Ninth Circuit Puts the Brakes on CERCLA Settlement Process