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EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries
On December 15, 2022, United States Environmental Protection Agency (EPA) published a Final Rule to amend EPA’s All Appropriate Inquiries Rule (AAI Rule) effective February 13, 2023. The new rule mandates use of ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments for conducting Phase…
Superfund $$ Lives on – to 2031 at least!
Jennifer Nijman, Nijman Franzetti LLP We’ve all read about the recent reinstatement of the taxes that fund the Comprehensive Environment Response, Compensation, and Liability Act (CERCLA). The new taxes are hitting the books as of July 1, 2022. Briefly, in addition to requiring responsible parties…
Seventh Circuit Confirms that the Burlington Northern Decision Did Not Improve the Prospects of Parties Seeking Divisibility and Apportionment at Superfund Sites.
Vince Angermeier Twelve years ago, the Supreme Court injected a bit of common-law common sense into liability for remedial work at Superfund sites. Specifically, under the right set of circumstances (geography, volumetric contribution, operational timeframe, etc.) a liable party might be able to ensure that…
IN-HOUSE COUNSEL REVIEW OF COMPANY PRESS RELEASES: PRIVILEGED?
Written by Anne Wahlig Kaup Often a company will issue a timely press release in response to an on-site event that has the potential to impact the local environment. In-house public relations (PR) departments are instructed to work with the company attorneys to ensure there…
EPA’s DIRECT FINAL RULE APPROVING STANDARD ASTM E1527-21 FOR PHASE I ENVIRONMENTAL SITE ASSESSMENTS
On March 14, 2022, EPA issued a proposed and direct final rule which amends “all appropriate inquiry (AAI)” to include ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” The 2021 standard contains updates, modifications, and clarifications intended to…