By Jeryl L. OlsonRebecca A. DavisIlana 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. OlsonRebecca A. DavisPatrick 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. PerellisJeryl 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. PerellisPatrick 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

EPA SignThe 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

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?