Environmental Law Matters

On October 6, 2014, the Environmental Protection Agency ("EPA") adopted a final rule which will eventually eliminate one of the two recognized ASTM International standards to conduct environmental site assessments, which were designed to comply with EPA's "All Appropriate Inquires Rule" ("AAI"). Complying with the AAI rule is required to claim protection from CERCLA (Superfund) liability as a bona fide prospective purchaser, contiguous property owner, or innocent landowner. Effective October 6, 2015, ASTM International's Standard E1527-05 will not be recognized as complying with the AAI rule. The ASTM standard updated in 2013 (ASTM E1527-13 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process) will be the recognized ASTM standard that will comply with the AAI Rule. Although the change does not become effective until October 6, 2015, it is advisable to follow the E1527-13 standard now.