defenses

Magistrate Recommends Dismissing EDR Copyright Infringement Case Over Sanborn Maps

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

In a case that has been closely followed by participants in the environmental due diligence market, a magistrate judge has issued a report (2024 R&R) in Sanborn Library LLC v. Eris Information Inc.,  2024 U.S. Dist. LEXIS 76134 (S.D.N.Y. March 25, 2024) recommending dismissing copyright infringement claims of The Sanborn Library LLC (SBL) against defendant […]

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EPA To Publish AAI Update Withdrawing Reference to ASTM E1527-13

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

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

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EPA Withdraws Final Rule That Would Have Recognized ASTM E1527-21 While Continuing To Recognize ASTM E1527-13

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

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

EPA Withdraws Final Rule That Would Have Recognized ASTM E1527-21 While Continuing To Recognize ASTM E1527-13 Read More »

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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New Phase 1 Standard is Approved by ASTM Governing Body!

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

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 »

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