The EPA Approves New Environmental Due Diligence Standard

By:  Patrick Paul

On December 30, 2013, the United States Environmental Protection Agency (EPA) issued its final rulemaking recognizing the newly amended ASTM standard practice for Phase 1 Environmental Site Assessments, E 1527-13 as satisfying the agency’s All Appropriate Inquiries (AAI) rule at 40 C.F.R. Part 312.  Curiously, EPA did not remove the existing reference to the prior E1527–05 standard.  In fact, EPA specifically provided that “today’s rule does not require that any party use this standard.”  Rather, the new rule at least temporarily provides an additional method to achieve AAI without altering the existing requirements or otherwise mandating new requirements.  … Read More »

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