UPDATE: EPA Moves To Adopt Revised Standards For Phase I Site Assessments

We recently outlined the proposed updated standards for Phase I Site Assessments, including how prospective owners and lessees should prepare for potential changes. The Environmental Protection Agency (EPA) just issued a Proposed Rule to adopt these new standards in the coming months.

The rule seeks to amend the "All Appropriate Inquiries Rule" to reference ASTM International's E1527–21 ''Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.'' Once final, the rule will allow those conducting ESAs for prospective land purchases and leases to use the new standards to meet the "All Appropriate Inquiries" requirements and to qualify for environmental liability defenses under the Comprehensive Environmental Response, Compensation and Liability Act, including the innocent landowner and bona fide prospective purchaser defenses.