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ARTICLE · 08 JANUARY 2014

Environmental Site Assessments In The New Year

Barnes & Thornburg LLP
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By final rule issued Dec. 30, 2013, U.S. EPA has updated the environmental site assessment standard for "all appropriate inquiries" under the Federal Comprehensive Environmental Response, Compensation and Liability Act.

United StatesEnvironment
David Gillay
David Gillay
Charles Denton
Charles Denton
Susan Bodine
Susan Bodine
Joel Bowers
Joel Bowers
Timothy Haley
Timothy Haley
Bruce White
Bruce White
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By final rule issued Dec. 30, 2013, U.S. EPA has updated the environmental site assessment standard for "all appropriate inquiries" (AAI) under the Federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The EPA rulemaking adopts the new version of the ASTM Phase I environmental site assessment standard (E1527-13) which replaces the 2005 version previously approved by EPA as satisfying AAI.

AAI requirements are critical to assess environmental conditions arising from past operations at a property, so that an owner or operator can qualify for the bona fide prospective purchaser, innocent landowner or contiguous property owner defenses to CERCLA strict liability (and often for state law counterparts).

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