Crowley Environmental and Technical Services LLC

The USEPA allows commercial and governmental property owners to use the “Innocent Landowner Defense” to avoid Comprehensive Environmental Response Compensation and Liabilities Act (CERCLA; aka Superfund) liability for existing, but unidentified contamination on a property.  To qualify for the “Innocent Landowner Defense” under 40 CFR Part 312, the prospective purchaser must perform environmental due diligence and make "All Appropriate Inquiries" (AAI) into the potential for Recognized Environmental Conditions with a Phase I Environmental Site Assessment (ESA) performed by an Environmental Professional as defined by the AAI Rule and reiterated in the ASTM International (ASTM) Standard Practice E1527-13.  The USEPA has indicated that a Phase I ESA performed in compliance with ASTM Standard Practice E1527-13 meets the "All Appropriate Inquiries" requirement for the Innocent Landowner Defense.  

 

I have performed nearly 100 Phase I ESAs in my career under the ASTM E1527-97, -00, -05, and -13 Standards.  These Phase I ESAs have ranged from small storefront properties to large, industrial complexes consisting numerous integrated processes on over 3,500 acres.  I also performed Phase I ESAs under the USEPA Brownfields Grant Program, which required USEPA review and approval of the reports.  As such, I have insight into how the USEPA would evaluate the applicability of a Phase I ESA to the All Appropriate Inquiries requirement.