landowner liability protections

New Phase 1 Standard is Approved by ASTM Governing Body!

CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, Lender Liability, PFAS / By

The ASTM E1527-21 is now official! It was approved  on November 1st after three years of development. I served as the co-chair of the legal sub-committee. Among the changes: Key terminology revisions: The terms “Recognized Environmental Condition” (REC); “Controlled Recognized Environmental Condition” (CREC); and “Historical Recognized Environmental Condition (HREC) have been strengthened to reduce misclassifications of […]

New Phase 1 Standard is Approved by ASTM Governing Body! Read More »

Problems Emerge with New CREC Definition

Brownfields, CERCLA, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, Lender Liability, vapor intrusion / By

After a little more than six months after ASTM issued its new E1527-13 Phase 1 standard practice, problems are emerging over the new definition Controlled Recognized Environmental Condition (CREC) definition. The difficulties are related to the definition itself and differences among state environmental programs. Before discussing the CREC problems, a little background might be helpful

Problems Emerge with New CREC Definition Read More »

Should Consultants Use ASTM E1527-13 Prior to EPA Recognition?

CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence / By

On November 6th, ASTM announced that it has published its E1527-13 Phase 1 Standard for Environmental Site Assessments. Upon publication of a new ASTM standard, the prior version becomes obsolete. In a normal transition, environmental consultants would transition to using the new E1527 version like they did with the E1527-94, E1527-97 and E1527-00. However, this is not

Should Consultants Use ASTM E1527-13 Prior to EPA Recognition? Read More »

Scroll to Top