CERCLA Due Diligence Requirements Revised to Reflect Updated Phase I Standard for Forested and Rural Land

Spencer Fane LLP
Paul Jacobson
July 11th, 2017

Purchasers of rural and forested land need to be aware of a recent change in EPA’s environmental due diligence rules. On June 20, 2017, EPA published a Direct Final Rule in the Federal Register, amending the All Appropriate Inquiries (AAI) Rule, 40 CFR Part 312, to reflect 2016 updates to ASTM E2247, a standard for Phase I investigations on rural and forested land.

The AAI Rule sets forth requisite practices for satisfying CERCLA § 101(35)(B) ...

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Environmental Remediation – Amendments to Brownfield Cleanup Program

NYSDEC Adopts Amendments to Brownfield Cleanup Program at 6 NYCRR Part 375 – Effective August 12, 2016

NYSDEC Update

On June 10, 2015, DEC formally proposed revisions to 6 NYCRR Part 375 to meet the statutory mandates in Part BB of Chapter 56 of the Laws of 2015, which amended and added new language to Environmental Conservation Law (ECL) Article 27, Title 14 – Brownfield Cleanup Program (BCP), and certain other laws. The proposal of these ...

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Reduce Acquiring Environmental Liabilities

Reduce environmental liabilities and know the true status of your property with proper due diligence. An American Environmental Phase I Environmental Site Assessment (ESA) gives you piece of mind during real estate transactions. This assessment will provide you with information to assist in making an informed business decision. Overlooking this concern can cost you substantial future environmental expenditures, even if you did not create or contribute to the contamination.

 

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CAPITALIZING ON SITES WITH ENVIRONMENTAL PROPERTY DAMAGE: IS THERE REALLY A POT OF GOLD AT THE END OF THAT RAINBOW?

Barnes & Thornburg LLP
Kara Cleary
March 15, 2016
 
When a company learns that it has a site suffering from environmental property damage, “profit” is the last thing on that company’s mind. Rather, the terms that company is more likely thinking about in this situation are those like losses, risk, environmental agency scrutiny, costly and lengthy remediation, bad press, etc. A recent article in the New York Times titled “Turning Polluted Properties into ...

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Addition of a Subsurface Intrusion Component to the Hazard Ranking System

The US EPA is working toward a proposed rule to add a new screening component (subsurface intrusion (SSI) component) to the Hazard Ranking System (HRS) that would allow sites with vapor intrusion contamination to be evaluated for placement on the National Priorities List (NPL).

The subsurface intrusion component would expand the number of available options for EPA and state and tribal organizations performing work on behalf of EPA to ...

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