Overview and Discussion of Updated Phase I Environmental Site Assessment Standard
March 31, 2022
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. will host an Environmental Insights Webinar on Thursday, April 21 at Noon (CST) on ASTM International’s updated ASTM E1527-21 and the Environmental Protection Agency’s adoption of the revised standard into the All Appropriate Inquiries (AAI) requirement.
The webinar will be presented by Leslie Davis, co-founder and chief executive officer of Harbor Environmental and Safety, a woman-owned EHS consulting and engineering company based in Little Rock, and Mitchell Williams Environmental Attorney Walter Wright, Jr. During the webinar, they will review the background for AAI, describe its important role in real estate transactions, discuss the material changes in the updated ASTM standard, and address the implications for property owners and prospective purchasers.
The federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and similar state laws impose strict liability on persons for cleaning up hazardous substances on property they either currently own or operate, or owned or operated in the past. CERCLA also provides liability protections for certain landowners and potential property owners who did not cause or contribute to contamination.
Liability protection requires perspective purchasers to perform due diligence, commonly referred to as All Appropriate Inquiries (AAI). The AAI includes review of past use and ownership, as well as the inspection of conditions indicative of releases and threatened releases of hazardous substances on, at, in, or to the subject property. AAI recognizes the use of several ASTM standards for satisfying the due diligence inquiry through the Phase I Environmental Site Assessments.
ASTM E1527-21 has been in development for a few years. It provides additional guidance on conducting historical review, revised definitions for Recognized Environmental Conditions (REC), and controlled RECs (CREC), a new -- “Property Use Limitation,” additional REC determination explanations, changes in records review, and clarifies the role of emerging contaminants such as PFAS.
About the Presenters:
Leslie Davis is Co-Founder and Chief Executive Officer of Harbor Environmental and Safety, a woman-owned EHS consulting and engineering company based in Little Rock. Over the last 15 years, Leslie has served as Principal for the Compliance Team at Harbor, guiding clients through the maze of EHS compliance requirements. Now, Harbor’s focus is expanding to assisting clients as they transition from merely complying with regulations, to reporting sustainability metrics, and demonstrating how their businesses impact our natural and human environment. Leslie has been performing Phase I Environmental Site Assessments for almost 30 years and can offer valuable insight to the ASTM Standard and it’s application in a variety of scenarios. She serves on several regulatory committees and association boards, providing guidance to both regulators and the regulated community. Leslie graduated from the University of Arkansas Little Rock and lives in Midtown with her husband, Richard.
Walter Wright Jr. is a member of Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. in Little Rock, Arkansas. His practice focuses on environmental, energy, water, and resource recovery issues. He serves as General Counsel to the Arkansas Oil Marketers Association, Arkansas Manufactured Housing Association, and Arkansas Recyclers Association. Previously, Walter served as Assistant General Counsel at the Petroleum Marketers Association of America in Washington, D.C. and on the Minority Legal Staff of the Subcommittee of Health and Environment of the United States House Energy and Commerce Committee. He has been an adjunct professor at the University of Arkansas at Little Rock School of Law for 28 years teaching courses addressing environmental and energy law. Walter graduated from the University of Arkansas with a B.S. and J.D. and a Masters of Law from George Washington University in Washington, D.C.
To attend the webinar, registration is required. Register here. The webinar is free but space is limited. The webinar is approved for 1.0 hours of Continuing Legal Education (CLE) credit by the Arkansas Continuing Legal Education Board. Attendees who are licensed in other states are responsible for applying for CLE credit in those states.
For more information please contact Vivian Koettel at firstname.lastname@example.org or (501) 370-4239.