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NEWS
New Flyer Published By ASFE/The Best People on Earth
October 11, 2007

All-Appropriate Inquiries and Environmental Site Assessments: A Message to Clients is the title of a new flyer published by ASFE/The Best People on Earth. It addresses the new all-appropriate inquiry (AAI) rules that require property owners, purchasers, and others to rely on qualified “environmental professionals” in order to secure protections from the harsh liability penalties established by the Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as CERCLA or Superfund).

As explained in the flyer, “Now, those seeking CERCLA’s … protection need to abandon the notion that a standard procedure of some kind will be sufficient. Instead, a principal requirement for securing one of the three, landowner liability exemptions is retaining a qualified environmental professional to design and conduct an AAI for the property involved. While an AAI that complies or substantially complies with the most recent ASTM-standard Phase I ESA scope may be appropriate for some properties, such a study would almost always be inadequate for a ‘brownfield’ site; i.e., a property that is known or assumed to be contaminated, as defined by federal or state law. An ASTM-standard Phase I ESA would also be inappropriate for any number of properties for which a less rigorous, less costly type of AAI would suffice.”

Other issues touched upon in the new flyer include site-specific insurance policies (sometimes referred to as a “bank portfolio policies”), techniques for selecting a qualified environmental professional, the relationship between the thoroughness of an AAI and the time available to conduct one, “recognized environmental conditions,” Phase II ESAs, “continuing obligations,” third-party reliance on reports and other instruments of professional service, indemnities, and limitation of liability.

The new All-Appropriate Inquiries and Environmental Site Assessments: A Message to Clients can be purchased at ASFE’s on-line bookshop: www.asfe.org. The price for nonmembers is $5 per copy.


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