ASTM E1527-21: Implementing the Phase I Environmental Site Assessment Standard Practice
Meeting Appropriate Inquiry Requirements and Limiting CERCLA Liability
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide an in-depth look at ASTM E1527-21, the ESA standard now recognized by the EPA as satisfying all appropriate inquiries (AAI) requirements. The panel will examine how this standard has been implemented and its impact on site assessment and the due diligence process since it was approved by the EPA effective February 2023. The panel will offer best practices for practitioners when guiding clients through the due diligence process and for AAI compliance to limit CERCLA liability.
Outline
- Overview of environmental liability and defenses
- Who is liable and the scope of liability
- Elements of liability defenses
- History of AAI
- The limited purpose of AAI/ASTM
- ASTM
- History of the development of E1527-21
- Important terms
- Agency file reviews
- Role of vapor migration in E1527-21
- What are data gaps, and how can they be used?
- Should reports contain recommendations?
- Non-scope items and business environmental risks
- Impact of ASTM E1527-21 on property owners and purchasers
- Developing the appropriate environmental due diligence for your deal
- Nature of deal, the number of properties, timing, etc.
- Differences in concerns of lenders and borrowers
- Toxic tort, reputational risk, and other concerns
- Contractual issues when retaining consultants
- Practitioner takeaways
Benefits
The panel will review these and other key issues:
- What are the key considerations for counsel and their clients in the ASTM E1527-21 standard?
- What has been the impact of ASTM E1527-21 for property owners and purchasers compared to the prior standard?
- What are best practices that counsel can employ to ensure clients meet the AAI requirements to limit CERCLA liability?
Faculty
Julie Kilgore
President
Wasatch Environmental
Ms. Kilgore has 25 years of experience in environmental assessment, investigation, remediation, and regulatory agency... | Read More
Ms. Kilgore has 25 years of experience in environmental assessment, investigation, remediation, and regulatory agency coordination. She is Chair of the task group responsible for developing the revisions to ASTM 1527 Phase I Environmental Site Assessment Standard, and was appointed by EPA to serve on the Federal Advisory Committee to assist EPA in developing the federal All Appropriate Inquiry regulation. Ms. Kilgore has authored numerous articles regarding environmental issues related to commercial property transactions, and provides national training for conducting pre-acquisition environmental due diligence.
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Lawrence P. (Larry) Schnapf
Principal
Schnapf LLC
Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and Brownfield... | Read More
Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and Brownfield transactions. He counsels clients on environmental compliance, and represents clients in federal and state environmental litigation, enforcement actions, administrative proceedings and private cost recovery actions. Mr. Schnapf has also written numerous articles on environmental law, and is the general editor/contributing author of “Environmental Issues in Business Transactions” published by the Business Law Section of the ABA. He is Chair of the Environmental Law Section of the New York State Bar Association and Co-Chair of the NYSBA Brownfield Task Force.
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