EPA’s Final Rule approving the ASTM E-1527-21 became effective on February 13, 2023, meaning that the updated standard may now be used to satisfy the All Appropriate Inquiry (AAI).  This is a critical development for property purchasers seeking to qualify for the bona fide prospective purchaser (BFPP) safe-harbor defense to property liability under Federal and some state Superfund laws.  EPA’s approval of the ASTM E1527-21 Standard came by a notice of Final Rule published December 15, 2022, following an extended review process.

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