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

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 Andrew H. Perellis, Philip L. Comella, and Craig B. Simonsen

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The Court found that the only issue for resolution was whether there was any evidence that the defendant, an “innocent purchaser,” was liable for the alleged re-contamination of a former Superfund site.

U.S. District Judge Ron Clark recently adopted Magistrate Judge Keith F.