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ASTM E1527-21: Implementing the New 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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 25, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will provide background information and industry input that led to the changes that have been made to this popular ASTM standard that is utilized almost universally for pre-acquisition environmental due diligence.


Federal and state environmental laws can impose significant liabilities on parties buying or leasing commercial real estate unless they qualify for one of the liability defenses. Property owners and operators must perform an all appropriate inquiry (AAI)--commonly known as a Phase I Environmental Site Assessments (ESA)--before taking title or possession of a property to qualify for at least one of the liability defenses available. Federal agencies, local governments, and lenders have adopted E1527 to satisfy their due diligence requirements.

The E1527-21 provides more guidance on conducting historical reviews of the subject property and adjoining properties, revises definitions of Recognized Environmental Conditions (REC) and Controlled RECs (CRECs), includes a new term “Property Use Limitation'', a new explanatory appendix with REC determination examples, changes in the records review section, and clarifies the role of emerging contaminants such as PFAS in phase 1 environmental site assessments. This session will also explore strategies for using the revised standard until EPA recognizes E1527-21 as a tool for satisfying AAI. The program will also address recent AAI litigation.

Listen as our authoritative panel of environmental law counsel examines the current standard and how it has impacted site assessments and the due diligence process.



  1. Overview of environmental liability and defenses
    1. Who is liable and the scope of liability
    2. Elements of liability defenses
    3. History of AAI
    4. The limited purpose of AAI/ASTM
  2. ASTM
    1. History of the development of E1527-21
    2. Important terms
    3. Agency file reviews
    4. Role of vapor migration in E1527-21
    5. What are data gaps, and how can they be used?
    6. Should reports contain recommendations?
    7. Non-scope items and business environmental risks
  3. Developing the appropriate environmental due diligence for your deal
    1. Nature of deal, the number of properties, timing, etc.
    2. Differences in concerns of lenders and borrowers
    3. Toxic tort, reputational risk, and other concerns
  4. Contractual issues when retaining consultants


The panel will review these and other vital issues:

  • The material changes in the current ASTM standard as compared to the old standard
  • The implications for property owners and purchasers from the current environment due diligence standard
  • Practices counsel can employ to ensure clients meet the AAI requirements to limit CERCLA liability


Kilgore, Julie
Julie Kilgore

Wasatch Environmental

Ms. Kilgore has 25 years of experience in environmental assessment, investigation, remediation, and regulatory agency...  |  Read More

Schnapf, Lawrence
Lawrence P. (Larry) Schnapf

Schnapf LLC

Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and Brownfield...  |  Read More

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