EPA to Phase Out Use of Older Standard for Phase I Assessments
The U.S. Environmental Protection Agency (EPA) is accepting public comment on its proposal to eliminate the dual standard for compliance with the “All Appropriate Inquiries” (AAI) requirement under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Parties purchasing potentially contaminated property must undertake AAI into prior ownership and prior uses of the property at issue – prior to its purchase – in order to qualify for protection from CERCLA liability. A copy of the proposed rule is available here.