ASTM E1527-13: Applying the New Phase I Site Assessment Standard
Navigating the Material Changes to Meet All Appropriate Inquiries Requirements and Limit CERCLA Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE seminar will review the revised ASTM E1527 standard for conducting environmental site assessments (ESAs), how the standard has changed, and practical considerations for using the standard. The panel will discuss the practical considerations in conducting all appropriate inquiries (AAI) and the due diligence process. The panel will offer best practices and lessons from the first year of implementing the new standard.
- Overview of Environmental Liability and Defenses
- Who is Liable and Scope of Liability
- Elements of liability defenses
- History of AAI
- Limited Purpose of AAI/ASTM
- History of development of E1527-13
- Revised and New Terms
- Agency File Reviews
- Role of Vapor Migration in E1527-13
- What are Data Gaps and how can they be used?
- Should Reports contain recommendations?
- Non-scope items and Business Environmental Risks
- Developing the appropriate environmental due diligence for your deal
- Nature of deal, number of properties, timing, etc.
- Differences in concerns of lenders and borrowers
- Toxic tort, reputational risk and other concerns
- Contractual Issues When Retaining Consultants
The panel will review these and other important issues:
- The material changes in the new ASTM standard as compared to the old standard
- The implications for property owners and purchasers of the new environmental due diligence standard
- Practices counsel can employ to ensure clients meet the AAI requirements in order to limit CERCLA liability
Ms. Kilgore has 20 years of experience in environmental assessment, investigation, remediation, and regulatory agency... | Read More
Ms. Kilgore has 20 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.Close
Lawrence P. Schnapf
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 served on a number of ASTM Task Groups, including Chair of the Legal Subcommittee for the ASTM E1527 Phase 1 Task Force for the 2013 revisions to ASTM E1527-05.Close