ASTM E1527: Lessons From Applying the Current Phase I Site Assessment Standards Guide and Proposed Revisions
Meeting Appropriate Inquiry Requirements and Limiting CERCLA Liability
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review the previously 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 regarding this standard.
- 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
- History of the development of E1527-13
- Important 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, 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
The panel will review these and other important issues:
- The material changes in the current ASTM standard as compared to the old standard
- The implications for property owners and purchasers of the current environmental due diligence standard
- Practices counsel can employ to ensure clients meet the AAI requirements to limit CERCLA liability
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.Close
Lawrence P. (Larry) 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 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.Close