Energy & Environmental Law Blog

Energy & Environmental Law Blog

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Tag Archives: CERCLA

Ohio H.B. 168 Creates Superfund-like Protections for Qualifying Purchasers of Brownfield Properties

Posted in Environment
The Ohio House of Representatives recently passed a bill (H.B. 168) that provides “bona fide prospective purchasers” (BFPPs) of brownfield properties with an affirmative defense against state lawsuits seeking to impose liability for the cleanup of such properties. To qualify for the liability protection as a BFPP under H.B. 168, a landowner must satisfy the… Continue Reading

U.S EPA Releases New Vapor Intrusion Guidance

Posted in Environment
Today, U.S. EPA released two technical guidance documents to support assessment and mitigation activities at sites where vapor intrusion is an actual or potential concern, including sites being evaluated under CERCLA and the corrective action provisions of RCRA. The guides present EPA’s current recommendations for identifying, evaluating and managing vapor intrusion.  EPA notes that the… Continue Reading

U.S. EPA Amends All Appropriate Inquiries Rule

Posted in Environment
On October 6, 2014, U.S. EPA published a final rule amending the All Appropriate Inquiries Rule, 40 CFR Part 312, to remove the reference to ASTM International’s E1527-05 standard for Phase I Environmental Site Assessments. The E1527-05 standard was replaced with the E1527-13 standard by ASTM in November 2013 and, on December 30, 2013, U.S. EPA… Continue Reading

U.S. EPA Final Rule Approves Use of New ASTM Standard for Phase I Environmental Assessments

Posted in Environment
On December 30, 2013, U.S. EPA published a final rule approving the use of ASTM International’s recently updated standard for conducting Phase I Environmental Site Assessments (ASTM E1527-13). The final rule amends the “All Appropriate Inquiries Rule” at 40 CFR Part 312, by establishing that parties seeking liability relief under CERCLA’s landowner liability protections can satisfy… Continue Reading

EPA to Withdraw Recent “All Appropriate Inquiries” Direct Final Rule

Posted in Environment
This blog entry provides an important update to our August 19, 2013 entry reporting on U.S. EPA’s Direct Final Rule to amend the All Appropriate Inquiries Rule.  After receiving adverse comment, EPA has reported that it will withdraw its Direct Final Rule that would have approved the use of ASTM International’s new E1527-13 “Standard Practice… Continue Reading

U.S EPA Amends Standards and Practices for All Appropriate Inquiries

Posted in Environment
On August 15, 2013, U.S. EPA took direct final action to amend the All Appropriate Inquiries Rule, 40 CFR Part 312, by adding reference to ASTM International’s E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” ASTM’s E1527-13 Phase I standard is an updated version of the E1527-05 standard issued in 2005. … Continue Reading

Pollution Liability Apportionment for Contamination to be Decided Soon?

Posted in Environment
Yesterday the United States Supreme Court heard oral arguments in Burlington Northern and Santa Fe Railway Company v. U.S.  At issue is whether manufacturers of hazardous substances can be held liable for contamination that occurs after the manufacturer’s product is sold.  Also at issue is apportionment of liability.  The Supreme Court’s decision will be much anticipated.… Continue Reading