March 2022

My Article on Why Joint Liability Should No Longer Be the Default Standard Under CERCLA

CERCLA, Corporate and Real Estate Transactions, enforcement, Hazardous Waste /

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 […]

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Expect Adverse Comments as EPA Drops Ball on ASTM Recognition

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

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

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EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register

Brownfields, CERCLA, Environmental Due Diligence, Hazardous Waste, Lender Liability, Uncategorized /

EPA has released a pre-publication copy of its proposed and direct final rule to recognize E1527-21 as a method for complying with its All Appropriate Inquiries (AAI) Rule.  If EPA does not receive any negative comments, the final direct rule will become effective upon the expiration of the public comment period. Upon the effective date,

EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register Read More »

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