December 30, 2010

Category: Arkansas Environmental, Energy, and Water Law

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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.
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