Hazardous Material Liability Under Federal Law for Conservation
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About This Practical Pointer
Whether CERCLA liability applies to conservation easement holders remains unsettled and must be addressed on every property. Several tools exist to manage CERCLA liability risk. Practice 9C of Land Trust Standards and Practices addresses CERCLA risk.
January 2023 update: On and after February 13, 2023, ASTM E1527-21 will also satisfy the All Appropriate Inquiry standard. ASTM E1527- 13 will sunset and no longer be recognized by the EPA. The precise sunset date is unclear as the final rule published by the EPA is ambiguous as to whether such sunsetting occurs on December 15, 2023 or February 13, 2024. Because of this ambiguity, some experts advise using ASTM E1527-21 for Phase I environmental investigation during this period of uncertainty.
April 2024 update: Fixed broken links in resources list.
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Practice 9C: Environmental Due Diligence
This guidance covers Practice 9C: Environmental Due Diligence.
The Cedar Swamp All Persons Trail
The Nature Conservancy in New Hampshire has constructed a universally accessible trail at the Manchester Cedar Swamp, with the hopes of introducing this hidden ecological gem to visitors of all abilities and comfort levels. A process guidebook and other resources are available.