Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

Another ASTM Standard Satisfies All Appropriate Inquiries under CERCLA

By Hannah M. Arenstam on July 6, 2009
Email this postTweet this postLike this postShare this post on LinkedIn

US EPA has amended the Standards and Practices for All Appropriate Inquiries (“AAI”) to acknowledge another ASTM standard can be used to satisfy the AAI requirement for the landowner defenses to liability under Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) – innocent landowners, bona fide prospective purchasers, and continuous property owners. In addition to ASTM International Standard E1527-05, you can now use, when applicable, ASTM International Standard E2247-08 entitled Standard Practice for Environmental Site Assessments:  Phase I Environmental Site Assessment Process for Forestland or Rural Property (“ASTM E2247-08”).

 

 The Scope of ASTM E2247-08 indicates it can be used “for conducting a [Phase I] of a property120 acres or greater of forestland or rural property or with a developed use of only managed forestland and/or agriculture with respect to the range of contaminants within the scope of [CERCLA] and petroleum products.  The property need not be contiguous; however, the non-contiguous areas should have substantially the same general land use and be part of the same transaction.  The property may contain isolated areas of non-forestland and non-rural property.” ASTM E2247-08 indicates it is “closely related” to ASTM E1527.

 

US EPA’s action does not require the use of ASTM E2247-08 when applicable, but rather provides it as an additional tool. Any person seeking to qualify for a landowner defense under CERCLA still has the option of performing AAI by complying with the requirements set forth in regulation (40 CFR Part 312) or ASTM E1527-05.

Photo of Hannah M. Arenstam Hannah M. Arenstam

Hannah Arenstam is an Associate in the Chicago office of Vedder Price and a member of the firm’s Litigation practice group.

While attending law school, Ms. Arenstam was President of Law Students for Reproductive Justice, a Teaching Assistant for Civil Procedure, and Executive

…

Hannah Arenstam is an Associate in the Chicago office of Vedder Price and a member of the firm’s Litigation practice group.

While attending law school, Ms. Arenstam was President of Law Students for Reproductive Justice, a Teaching Assistant for Civil Procedure, and Executive Articles Editor of the Journal of Law and Social Policy. She is currently an Advisory Board Member of the Center for Practice Engagement and Innovation at Northwestern University School of Law.

Prior to joining Vedder Price, Ms. Arenstam clerked for the MacArthur Justice Center at Northwestern University School of Law, served as a paralegal, and was a legal intern for the Volunteer Lawyers Project.

Read more about Hannah M. ArenstamEmail
Show more Show less
  • Posted in:
    Real Estate & Construction
  • Blog:
    Real Estate Advisor Law Blog
  • Organization:
    UB Greensfelder LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo