David Quigley Quoted by BNA on EPA “All Appropriate Inquiries” Site Assessment Standard
Akin Gump environment and natural resources practice partner David Quigley was quoted by BNA Daily Environment Reporter for its article “EPA Rule to Disallow Use of Outdated AAI Standard Will Benefit Public, Lawyer Says,” on the removal of reference to an outdated 2005 industry standard from the Environmental Protection Agency’s (EPA) final “all appropriate inquiries” (AAI) rule.
The standard, ASTM E1527-05 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process), was used to assess brownfields and other sites for potential environmental liability, according to the article. It coexisted with an updated version E1527-13, both of which EPA included in its 2013 final rule, allowing use of either in site assessment.
Quigley noted in comments that not retiring the 2005 rule would “allow environmental professionals to ‘pick and choose’ and, as a result, be subject to second-guessing as to the validity of their choice. Beyond the potential for an unleveled playing field, the potential failure to implement universally the new iteration of the standard risks losing the benefits of that standard with very little reward.”