Environmental Due Diligence and CERCLA Liability: Navigating ASTM Standards, LLPs, and Emerging Contaminants

This CLE-eligible session is designed for attorneys and those advising clients on real estate transactions, redevelopment, lending, and environmental risk allocation. The presentation focuses on how environmental due diligence intersects with CERCLA liability, landowner defenses, and evolving regulatory expectations.

Key topics include:

• CERCLA liability fundamentals, including strict, joint and several, and retroactive liability
• Landowner Liability Protections (LLPs), including Bona Fide Prospective Purchaser (BFPP), Innocent Landowner, and Contiguous Property Owner defenses
• The ASTM E1527 Phase I ESA standard and its role in satisfying All Appropriate Inquiry (AAI)
• User responsibilities and common pitfalls that can undermine CERCLA defenses
• Recent ASTM updates and emerging contaminants, including PFAS and their growing relevance in transactions and litigation

The course is presented by Sean Leary, CEP, Associate Principal and Vice President of Transaction Risk Management at GZA. Sean is a national instructor for ASTM International, a Subject Matter Expert for the Certified Environmental Professional (CEP) program, and has overseen thousands of Phase I and Phase II Environmental Site Assessments nationwide.