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Environmental Policies Environmental Site Assessment PFAS

BCLP

PFAS in Soil: State Regulations - Updated February 2024

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In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more

Winstead PC

EPA’s PFAS Regulations: What Real Estate Professionals Need to Know

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In 2024, the U.S. Environmental Protection Agency (“EPA”) took significant steps to regulate per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.”...more

Husch Blackwell LLP

Evolving Regulatory Status of PFAS Substances

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The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive...more

Holland & Knight LLP

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

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Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more

Shipman & Goodwin LLP

PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail

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Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to...more

Ward and Smith, P.A.

From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

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Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

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On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

Allen Matkins

EPA Approves New ASTM Standard For Phase 1 Environmental Site Assessments

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Every eight years, standards for environmental Phase I reports are updated – and, typically, made more detailed and stringent. The standards were most recently updated in 2021, and the updated version was approved by the U.S....more

Miller Nash LLP

EPA Approves the Use of ASTM E1527-21 for the All Appropriate Inquiries Requirement

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On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM...more

Greenberg Glusker LLP

“Much left unsaid” – A Primer on Environmental Due Diligence for Real Estate Transactions

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Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...more

Bilzin Sumberg

New EPA Standard for Environmental Site Assessment

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On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”)....more

Arnall Golden Gregory LLP

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more

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