EPA will publish a final rule in the federal register on December 15th amending its All Appropriate Inquiries (AAI) Rule by recognizing ASTM E1527-21 as a method for complying with AAI and withdrawing the reference to ASTM E1527-13. The rule will become effective 60 days from the date of publication in the federal register. The […]
EPA To Publish AAI Update Withdrawing Reference to ASTM E1527-13 Read More »
As we predicted, EPA received numerous negative comments to its Direct Final Rule that would have recognized that the new ASTM E1527-21 phase 1 standard may be used to comply with the All Appropriate Inquires (AAI) rule for asserting certain landowner liability defenses and qualify for brownfield grants. All of the comments criticized EPA’s plan to
When Congress enacted the federal Superfund law in 1980, it provided that liability should be governed by evolving notions of common law. The Second Restatement of Torts was in effect at the time the law was passed and favored imposition of joint liability when two or more parties created a common harm. However, there has
My Article on Why Joint Liability Should No Longer Be the Default Standard Under CERCLA Read More »
In our prior blog, we announced that the Environmental Protection Agency (“EPA”) would publish a proposed rule and direct final rule proposing to amend and amending the All Appropriate Inquiries rule (“AAI”) to reference the revised ASTM E1527-21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’ (“E1527-21”) and allowing it to
Expect Adverse Comments as EPA Drops Ball on ASTM Recognition Read More »