A federal court found there were triable issues if a purchaser qualified as a bona fide prospective purchaser (BFPP) because of alleged flaws in a phase 1 environmental site assessment. In Stratus Redtail Ranch LLC v. IBM, 2022 U.S. Dist. LEXIS 8723 (D. Col. 1/18/22), the plaintiff had acquired a 290-acre parcel of agricultural land […]
Some of the more interesting CERCLA cases involve lawsuits between current and former property owners. Usually, the current owner assumes it qualifies as bona fide prospective purchaser (BFPP) or for the Innocent Landowner (ILO) Defense and sues the defendant/former owner for cost recovery. The defendant/former owner invariably files counterclaims alleging the current owner/plaintiff is not
My article on the revisions to the ASTM Phase 1 Standard was published in April issue of The Practical Real Estate Lawyer.
My Article on the New ASTM E1527-21 Phase 1 Standard Read More »
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 »