What to Look for this Summer

Here are some of the highlights of what’s coming up and what to look out for: 
 
  • One of my favorite topics is properly doing a Phase I report. I have seen lots of bad Phase I reports lately, so I am pleased to see that the ASTM standard for doing a Phase I is being updated. Look for a revised Phase I standard to come out very soon.  I understand there are no major changes, but it does clarify several areas, where I have seen inconsistencies in Phase I reports, such as defining a historical recognized environmental condition.  And it is supposed to include a flow chart with examples to better instruct on how to identify a recognized environmental condition.   
 
  • Waters of the U.S. – On June 9, 2021 the Biden administration announced that it plans to rescind the Trump administration’s narrowing on the definition of Waters of the U.S.  Now, people in the midst of determining whether a property has wetlands are now left thinking “who’s on first?”  I’ll be following this topic to see how it shakes out.
 
  • Will enforcement increase with the new administration? For a good summary, see the recent Bloomberg Law article.   EPA has said that it would like to increase enforcement, but so far, EPA’s budget has not increased.

145 thoughts on “What to Look for this Summer”

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