Arkansas Environmental, Energy, and Water Law
Author: Walter G. Wright
In preparing a chapter on mold for a forthcoming American Bar Association book on environmental issues in commercial transactions, I noticed that New York City had, in the last couple of years, issued guidelines on the assessment and remediation of mold/fungi. Mold can sometimes constitute a material issue for parties involved in the transfer, financing or construction of some commercial, industrial or multi-family residential facilities. A detailed discussion of these issues is found in Volume 56 (number 2) of a University of Arkansas at Little Rock Law Journal article titled The Transactional Challenges Posed By Mold: Risk Management and Allocation Issues. Initial environmental assessments of improved and unimproved properties are utilized to attempt to delineate and/or quantify various environmental issues. These initial environmental assessments have often been undertaken in accordance with American Society of Testing and Materials ("ASTM") standards. However, it is only in the last few years that ASTM has issued a screening standard for mold. However, in 2008, the New York City Department of Health and Mental Hygiene issued "Guidelines and Assessment and Remediation of Fungi in Indoor Environment" which addresses a variety of mold assessment issues. It is a useful guideline.