Lawyer Article
EPA Finalizes All Appropriate Inquiries Rule
November 4, 2005
On November 1, 2005, the United States Environmental Protection Agency (“EPA”) published in the Federal Register a final rule setting federal standards for the conduct of the “all appropriate inquiry” standard and practices under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA” or “Superfund”), 42 U.S.C. § 9601 et seq. See 69 Fed. Reg. 52542. The final rule will become effective on November 1, 2006. During the one-year interim, parties are free to follow the new “all appropriate inquiry” rule or continue to operate under the existing standard, as set forth in the ASTM E1527-00 Phase 1 Environmental Site Assessment Process.
On and after November 1, 2006, parties must comply with the new “all appropriate inquiry” rule, as set forth in the ASTM E1527-05 Phase 1 Environmental Site Assessment Process, in order to qualify for one of the three main defenses to CERCLA liability—the “innocent landowner” defense, “bona fide prospective purchasers” defense and “contiguous property owners” defense.
Click here to review the attached Memorandum, dated September 30, 2004, for more details regarding the new “all appropriate inquiry” rule.
A copy of the final rule can be viewed here.
A fact sheet on the final rule can be viewed here.
For further information on this or any other environmental issue call:
Howard Grubbs (864) 255-5413, email
Michael Bogle (864) 255-5426, email
This document is intended as an informational reminder and does not constitute legal advice. If you have any questions or would like to discuss a particular situation, please contact Womble Carlyle Sandridge & Rice, LLP. The purpose of this article is to provide general information about significant legal developments and should not be construed as legal advice on any specific facts and circumstances.