EPA Revises “All Appropriate Inquiries” Rule for Forested and Rural Lands

The US Environmental Protection Agency (EPA) has published a Direct Final Rule to to confirm that the recently updated ASTM Standard E2247-16: Phase I Site Assessment Process for Forestland or Rural Property satisfies the due diligence requirements for the “bona fide prospective purchaser” and “innocent landowner” defenses under CERCLA (as well as the “contiguous property owner” protection). These defenses protect the purchaser or landowner from liability associated with potential contamination of the property.

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